Malpractice and medical litigation

An Explosion in Medical Malpractice Litigation

Iatrogenesis and Medical Error: The Case for Medical Malpractice Litigation

D iscussions of medical malpractice seem to end up at either of two extremes: the trial lawyer’s view that injured patients deserve compensation, with the treating physician the best source; and the doctor’s view that such suits unfairly penalize judgmental errors while raising the costs of practicing medicine. The parties to this debate make different assumptions about the nature, purpose, and...

Medical malpractice litigation (U.S.)--medical mishap compensation (N.Z.).

Law, Society, and Medical Malpractice Litigation in Japan

This Essay examines conflict over medical malpractice claims in Japan, and uses it as a lens through which to view the relationship between tort law and its social, economic, and political context. Allegations of medical malpractice in Japan have been rising rapidly. What explains the increasing willingness of people who believe that they are victims of medical malpractice to sue? And what (if ...

Claims, errors, and compensation payments in medical malpractice litigation.

BACKGROUND In the current debate over tort reform, critics of the medical malpractice system charge that frivolous litigation--claims that lack evidence of injury, substandard care, or both--is common and costly. METHODS Trained physicians reviewed a random sample of 1452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whet...