Claims, errors, and compensation payments in medical malpractice litigation

Area of Science:

• Medical Law
• Health Policy
• Tort Reform

Background:

• Critics argue frivolous medical malpractice litigation is prevalent and costly.
• Frivolous claims lack evidence of injury, substandard care, or both.

Purpose of the Study:

• Analyze the prevalence, characteristics, and costs of medical malpractice claims lacking evidence of error.
• Determine the accuracy and financial impact of the medical malpractice system.

Main Methods:

• Physician review of 1452 closed malpractice claims from five insurers.
• Analysis of injury occurrence, medical error presence, and litigation outcomes.
• Assessment of claim characteristics, compensation, and associated costs.

Main Results:

• 3% of claims had no verifiable injury; 37% had no medical error.
• Most claims without errors or injuries were denied compensation (72% and 84%, respectively).
• Claims without errors accounted for 13-16% of total costs, with exorbitant overhead.

Conclusions:

• Claims lacking evidence of error are frequent but mostly denied.
• The majority of malpractice litigation expenditures involve claims with errors.
• Medical malpractice litigation incurs substantial overhead costs.