LETTER
The Medical Malpractice System
Joachim Oppenheimer
1 June 1993 | Volume 118 Issue 11 | Pages 908-909
TO THE EDITOR:
The timely discussion of malpractice issues [1, 2] was cogent but totally failed to address two major aspects of the liability problem. First is the inhibition of scientific progress and public health, as shown by industry's demands for indemnification of liability risks for research and development [3]. Second, the failure of a workable countersuit available to defendants encourages a proliferation of litigation, as plaintiffs and their attorneys can function without fear of responsibility for filing suits without merit. Corrective legislation in both areas is sorely needed.
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.
2. Bovbjerg RR. Medical malpractice: folklore, facts, and future. Ann Intern Med. 1992; 117:788-91.
3. Cotton P. Infants, science may lose as liability is blamed for company pullout from HIV prevention trial (News). JAMA. 1992; 268: 1991-2.
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