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Published on: February 16, 2011
America's first medical malpractice crisis, 1835-1865
1Department of Preventive Medicine and Community Health, State University of New York, Health Science Center, College of Medicine, Brooklyn 11203, USA.
Journal of Community Health
|August 1, 1997
Summary
Medical malpractice lawsuits surged in the US between 1835-1865, primarily concerning fractures and dislocations. Patient, lawyer, and physician attitudes during this crisis mirror modern trends.
Area of Science:
- Medical History
- Legal Medicine
- Public Health
Background:
- Medical malpractice was rare in the United States before the early 1800s.
- A significant increase in malpractice litigation occurred between 1835 and 1865.
Observation:
- Approximately 70-90% of lawsuits involved fractures and dislocations with suboptimal outcomes.
- Allegations centered on physicians' lack of due care, skill, and diligence.
- Surgeons increasingly attempted limb salvage over amputation, particularly for compound fractures.
Findings:
- The first medical malpractice crisis in the US occurred between 1835-1865.
- A dedicated text on medical malpractice was not published until 1860.
- Attitudes of patients, lawyers, physicians, and judges showed striking parallels to contemporary views.
Implications:
- Understanding historical medical malpractice trends provides context for current legal and ethical challenges.
- The recurrence of similar societal and professional responses highlights enduring issues in medical care and litigation.
- Historical analysis can inform strategies for addressing contemporary medical malpractice concerns.
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