Blackwell Reference Online

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Medical malpractice is “an instance in which a physician or other medical practitioner causes injury or death to a patient through negligent behavior,” involving actions that fail to follow acceptable standards of practice ( Cockerham & Ritchey 1997 : 81). Uncertain medical conditions, however, make establishing negligence very difficult. Less than 20 percent of claims involve res ipsa loquitur cases, those that “speak for themselves,” such as amputation of a healthy limb. Some claims for injury and/or negligence are questionable, while out-of-court settlements occur to avoid litigation costs. After 1970, malpractice claims increased dramatically with crisis periods of greatly inflated liability insurance costs. Liability reform legislation has been introduced in every state. Obtaining reliable data on claims rates, settlement/jury awards, efficacy of capping awards, and insurance company profits is hampered by accounting complexities, decentralized records systems, and the politics of stakeholders, including physicians, patient consumers, hospitals, trial lawyers, and the liability insurance industry. Nonetheless, enough physicians have incurred claims that it is no longer a surprising event, especially for obstetricians and surgeons. Many historical and structural changes in medicine, law, and society are posited to explain increasing litigation. Whether it is due to more ... log in or subscribe to read full text