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Do the elderly sue physicians?

M Sager¹, S Voeks, P Drinka

¹Department of Preventive Medicine, University of Wisconsin, Madison.

Archives of Internal Medicine

|May 1, 1990

Summary

This summary is machine-generated.

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Elderly individuals file fewer medical malpractice lawsuits than expected, despite higher healthcare use. Barriers may prevent older adults from seeking legal recourse for negligence.

Area of Science:

Medical Law
Geriatric Medicine
Health Services Research

Background:

The elderly utilize healthcare services more frequently than younger populations.
Understanding litigation patterns among the elderly is crucial for assessing access to justice.

Purpose of the Study:

To determine the frequency and outcomes of medical malpractice litigation initiated by elderly individuals.
To compare litigation rates of the elderly with their healthcare system utilization.

Main Methods:

Analysis of malpractice data from Wisconsin (1983-1984).
Data sources included court dockets and attorney-provided claimant ages for 431 cases.
Comparison of litigation frequency between elderly and younger patient groups.

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Main Results:

Elderly individuals filed 10.0% of malpractice suits during the study period.
Despite higher healthcare exposure, the elderly were less likely to initiate litigation.
Case disposition and success rates did not significantly differ between elderly and younger litigants.

Conclusions:

Older adults initiate fewer medical malpractice claims than their healthcare usage might predict.
Social, economic, and legal barriers may deter the elderly from filing claims.
Further research is needed to understand and address these barriers to litigation for older adults.