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Related Experiment Videos

Psychiatric malpractice: the California experience.

P F Slawson

    The American Journal of Psychiatry
    |May 1, 1979
    PubMed
    Summary

    Psychiatric malpractice insurance costs are rising. A survey of California psychiatrists found that most claims were minor, suggesting rising costs may not be fully justified. Tort reform is recommended.

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    Psychiatric malpractice: a California state-wide survey.

    The Bulletin of the American Academy of Psychiatry and the Law·1978

    Area of Science:

    • Medical Law
    • Psychiatry
    • Health Economics

    Background:

    • Psychiatric malpractice insurance premiums have significantly increased.
    • The justification for these rising costs requires investigation.
    • Understanding claims activity is crucial for assessing insurance cost drivers.

    Purpose of the Study:

    • To analyze the nature and outcomes of psychiatric malpractice claims.
    • To evaluate the extent to which recent cost increases are justified by claims data.
    • To inform potential solutions for containing malpractice insurance expenses.

    Main Methods:

    • A survey was distributed to 133 California psychiatrists with recent claims experience.
    • 107 psychiatrists responded, reporting on 105 malpractice cases from the past 5 years.
    • Data on claim progression (notification, deposition, settlement, trial) were collected.

    Main Results:

    • Of 105 reported cases, 54% were mere notifications of possible claims.
    • 21% proceeded to legal deposition, and 19% were settled before trial.
    • Only 6% of cases went to trial, indicating a low rate of severe litigation outcomes.

    Conclusions:

    • The majority of psychiatric malpractice claims are resolved with minimal legal action.
    • The data suggest that rising insurance costs may not be fully substantiated by the severity of claims.
    • Recommendations include tort reform and improved data collection for malpractice claims to manage costs.

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