Related Experiment Videos
Settlement has many faces: physicians, attorneys and medical malpractice
R Peeples1, C T Harris, T B Metzloff
1Wake Forest University School of Law, Winston-Salem, North Carolina 27109, USA.
Journal of Health and Social Behavior
|September 30, 2000
Summary
Physicians sued for medical malpractice often feel not liable, even when settling cases. This study highlights the cultural divide between law and medicine, suggesting social psychological factors influence lawsuit outcomes.
Area of Science:
- Legal Medicine
- Medical Malpractice Law
- Social Psychology
Background:
- Jurisdictional disputes in medical malpractice lawsuits impact liability definition.
- Physician perceptions of liability differ significantly from legal outcomes.
- Existing literature often overlooks social psychological factors in malpractice claims.
Purpose of the Study:
- To analyze jurisdictional disputes in medical malpractice litigation.
- To compare the perspectives of sued physicians, defense counsel, and plaintiff counsel.
- To investigate the role of social psychological variables in malpractice claim resolution.
Main Methods:
- Analysis of a North Carolina sample of physicians involved in malpractice lawsuits.
- Inclusion of defense counsel and plaintiff counsel in the study sample.
- Comparative analysis of perspectives from physicians, defense counsel, and plaintiff counsel.
Main Results:
- Over half of physicians who settled malpractice claims perceived themselves as not liable.
- Defense counsel demonstrated greater accuracy in predicting case resolutions and financial payouts.
- A significant number of physicians desiring vindication still had claims settled with monetary payments.
Conclusions:
- A cultural conflict exists between the legal and medical professions regarding settlement implications.
- Social psychological variables are crucial in understanding medical malpractice claim settlements.
- Physicians advocate for reforms like peer or expert review to address perceived injustices.