LETTER
The Medical Malpractice System
Robert J. Yaes
1 June 1993 | Volume 118 Issue 11 | Pages 908-909
TO THE EDITOR:
A critical review of Taragin and colleagues' [1] useful analysis of data on medical malpractice cases in the state of New Jersey is not so reassuring. Between 1977 and 1992, there were 12 829 insured physicians, and 11 934 cases were filed. The data analysis on 8231 closed cases, which had been prereviewed by insurance company medical experts, showed that 62% of these cases were "defensible"; that is, there was no clear evidence of physician error. Because a malpractice claim can seriously disrupt a physician's personal and professional life and can cause him or her significant "emotional distress," even when the case is eventually resolved in the physician's favor, this percentage is distressingly high.
Even more disturbing is the fact that payments were made in 21% of the cases classified as defensible. Although Taragin and colleagues suggest the possibility of misclassification, it is also possible that the insurance companies paid the plaintiffs to go away, deciding it was less expensive than defending the case in court, even if ultimately successful.
1. Taragin MI, Willett LR, Wilczek AP, Trout R, Carson JL. The influence of standard of care and severity of injury on the resolution of medical malpractice claims. Ann Intern Med. 1992; 117:780-4.
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