When Tort Resolutions Are "Wrong": Predictors of Discordant Outcomes in Medical Malpractice Litigation
AbstractTort litigation is frequently criticized for producing outcomes that do not match merit. We examined 1,452 closed malpractice claims from five insurers to obtain objective clinical judgments of their underlying merit. We then analyzed predictors of discordant outcomes-payment of apparently nonmeritorious claims and nonpayment of apparently meritorious claims. In multivariate analyses, the odds of both forms of discordant outcome were significantly higher when reviewers judged it a close call as to whether a medical error had occurred. The odds of nonmeritorious claims receiving compensation were significantly higher among cases involving infants and health care facility codefendants and significantly lower when claims were decided by trial verdict. The strongest predictor of rejection of meritorious claims was resolution by trial verdict, which suggests that patients who have been harmed by error fare poorly when their claims are decided by juries. (c) 2007 by The University of Chicago. All rights reserved..
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by University of Chicago Press in its journal The Journal of Legal Studies.
Volume (Year): 36 (2007)
Issue (Month): S2 (06)
Contact details of provider:
Web page: http://www.journals.uchicago.edu/JLS/
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division).
If references are entirely missing, you can add them using this form.