Medical Malpractice Compensation in China: A Retrospective Study of Litigation Cases From 2010 to 2015

Medical negligence can cause patient harm and may result in malpractice lawsuits. This study examines compensation patterns in Chinese medical malpractice litigation from 2010 to 2015, the period between the 2010 Tort Liability Law and the 2018 Medical Disputes Regulation.

We collected and analyzed 5052 closed first-trial medical malpractice litigation records in China. We provided descriptive characteristics of medical malpractice cases, including the medical specialty of the alleged cases, the severity of injury, the allegation of malpractice, and the geographic regions of cases. We also presented the aggregated amounts of monetary compensation. We then used a two-part model to examine the incremental compensation associated with characteristics of medical malpractice cases, and generated the adjusted predicted mean compensation. All monetary amounts were converted to 2022 Chinese Yuan (CNY).

Among all litigation records, the plaintiff received compensation in 4292 cases (85.0%). Cases involving death were significantly less likely to receive compensation and were awarded lower amounts (adjusted predicted mean: 177,374 CNY). In contrast, the severe-medium injury group received the highest adjusted predicted mean compensation compared to other injury groups (384,632 CNY). Pediatrics was associated with a significantly higher likelihood of compensation and higher compensation amounts compared to other medical specialties (adjusted predicted mean: 243,370 CNY). Delayed treatment and other adverse reactions were associated with significantly higher adjusted predicted mean compensation and ranked among the top three allegation types with the highest adjusted predicted mean compensation (176,111 CNY, 178,463 CNY, respectively), along with allergic reactions (189,746 CNY).

This study advances methodological approaches for analyzing medical malpractice compensation in China. Our findings provide new directions for future research into how specific allegations and medical specialties relate to compensation and lay the groundwork for future research on the alignment between injury severity and legal outcomes in China's evolving medico-legal landscape.