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Published on: February 16, 2011
American medical malpractice litigation in historical perspective
1Department of History, University of Oregon, Eugene 97403-1288, USA. jmohr@oregon.uoregon.edu
JAMA
|February 7, 2001
Summary
Medical malpractice litigation began in the US around 1840 due to a lack of quality control in medicine. Six key factors, both medical and legal, have sustained its growth for 150 years.
Area of Science:
- Legal History
- Medical History
- Socioeconomics
Background:
- Medical malpractice litigation is a persistent issue in the US healthcare system.
- Limited historical data exists on the long-term evolution of malpractice litigation.
- This study investigates the origins and perpetuation of medical malpractice lawsuits in the United States.
Observation:
- Medical malpractice litigation emerged in the US circa 1840.
- This emergence was linked to marketplace professionalism and inadequate quality controls for medical practitioners.
- The study identifies six principal factors contributing to its sustained growth over 150 years.
Findings:
- Six interacting factors explain the perpetuation and growth of medical malpractice litigation.
- Three medical factors include: innovative pressures, uniform standards, and liability insurance.
- Three legal factors include: contingent fees, citizen juries, and tort pleading.
Implications:
- Understanding the historical roots of medical malpractice litigation is crucial.
- Knowledge of these factors can inform current reform efforts.
- Historical context provides valuable insights for addressing contemporary legal and medical challenges.
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