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Court decisions on medical malpractice.
Jan-Paul Knaak1, Markus Parzeller
1Institute of Forensic Medicine, University Hospital, Goethe University, Frankfurt, Germany, j.p.knaak@gmx.de.
International Journal of Legal Medicine
|March 29, 2014
Summary
This study analyzed medical malpractice lawsuits in Hesse, Germany. Most cases, particularly in surgery and orthopedics, concluded with settlements, not definitive findings of malpractice.
Area of Science:
- Medical Law
- Healthcare Litigation
- Forensic Medicine
Background:
- Limited recent research exists on medical malpractice court cases.
- This study analyzes medical malpractice lawsuits in regional courts in Hesse, Germany.
Purpose of the Study:
- To analyze medical malpractice lawsuits from 2006-2010.
- To identify trends in medical disciplines, allegations, and outcomes.
Main Methods:
- Retrospective analysis of 232 court decisions from Kassel and Marburg regional courts.
- Evaluation based on medical discipline, diagnosis, therapy, care level, duty of care, and lawsuit outcome.
Main Results:
- Accident surgery/orthopedics (30.2%) and dentistry (16.4%) faced most claims.
- Allegations included incorrect treatment (67.2%) and breach of duty to inform (38.8%).
- 65.6% of cases resulted in court settlements, with 18.9% withdrawn and 11.2% dismissed.
Conclusions:
- Most medical malpractice cases settled, despite no conclusive evidence of malpractice.
- Settlements may reduce court burden but could foster expectations of liability for unavoidable outcomes.
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