Sixteen Myths of Medicine and Medical Malpractice

Surmounting Myths and Mindsets in Medical Malpractice

edical malpractice is in the news, again. The early 2000s have seen the third upheaval in medical liability insurance over the last three decades. States have as always been the first responders, but liability reform has also become a high-profile federal issue. Physicians, their liability insurers, and their allies promote state and federal tort reform to curb lawsuits. Their key goal is a “ca...

Defensive Medicine and Medical Malpractice

Juries and medical malpractice claims: empirical facts versus myths.

Juries in medical malpractice trials are viewed as incompetent, antidoctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about ...

Defensive Medicine and Medical Malpractice (Part 6 of 19)

A lthough it is impossible to measure with much Precision the extent of defensive medicine, the evidence summarized in Chapter 3 implies that it is neither a trivial nor a major contributor to health care costs. This chapter examines how different approaches to reforming the medical malpractice system might affect the frequency of defensive medicine. The chapter examines the potential for tort ...

Defensive Medicine and Medical Malpractice (Part 4 of 19)

D espitc widespread use of the term in the current health policy debate, there is limited understanding of-—let alone consensus on-the true nature of defensive medicine. This chapter explores the concept of defensive medic inc. First, it sets forth the Office of Technology Assessment (OTA’s) definition and compares it with alternative approaches to defining defensive medicine. Second. it explor...