Negligent Care and Malpractice Claiming Behavior in Utah and Colorado
- 1 March 2000
- journal article
- research article
- Published by Wolters Kluwer Health in Medical Care
- Vol. 38 (3), 250-260
- https://doi.org/10.1097/00005650-200003000-00002
Abstract
Previous studies relating the incidence of negligent medical care to malpractice lawsuits in the United States may not be generalizable. These studies are based on data from 2 of the most populous states (California and New York), collected more than a decade ago, during volatile periods in the history of malpractice litigation. The study objectives were (1) to calculate how frequently negligent and non-negligent management of patients in Utah and Colorado in 1992 led to malpractice claims and (2) to understand the characteristics of victims of negligent care who do not or cannot obtain compensation for their injuries from the medical malpractice system. We linked medical malpractice claims data from Utah and Colorado with clinical data from a review of 14,700 medical records. We then analyzed characteristics of claimants and nonclaimants using evidence from their medical records about whether they had experienced a negligent adverse event. The study measures were negligent adverse events and medical malpractice claims. Eighteen patients from our study sample filed claims: 14 were made in the absence of discernible negligence and 10 were made in the absence of any adverse event. Of the patients who suffered negligent injury in our study sample, 97% did not sue. Compared with patients who did sue for negligence occurring in 1992, these nonclaimants were more likely to be Medicare recipients (odds ratio [OR], 3.5; 95% CI [CI], 1.3 to 9.6), Medicaid recipients (OR, 3.6; 95% CI, 1.4 to 9.0), ≥75 years of age (OR, 7.0; 95% CI, 1.7 to 29.6), and low income earners (OR, 1.9; 95% CI, 0.9 to 4.2) and to have suffered minor disability as a result of their injury (OR, 6.3; 95% CI, 2.7 to 14.9). The poor correlation between medical negligence and malpractice claims that was present in New York in 1984 is also present in Utah and Colorado in 1992. Paradoxically, the incidence of negligent adverse events exceeds the incidence of malpractice claims but when a physician is sued, there is a high probability that it will be for rendering nonnegligent care. The elderly and the poor are particularly likely to be among those who suffer negligence and do not sue, perhaps because their socioeconomic status inhibits opportunities to secure legal representation.Keywords
This publication has 16 references indexed in Scilit:
- Incidence and Types of Adverse Events and Negligent Care in Utah and ColoradoMedical Care, 2000
- Use of Commercial Record Linkage Software and Vital Statistics to Identify Patient DeathsJournal of the American Medical Informatics Association, 1997
- Probabilistic linkage of large public health data filesStatistics in Medicine, 1995
- A Comparison of Formal and Informal Dispute Resolution in Medical MalpracticeThe Journal of Legal Studies, 1994
- The Value of Liability in Medical MalpracticeHealth Affairs, 1994
- The Influence of Standard of Care and Severity of Injury on the Resolution of Medical Malpractice ClaimsAnnals of Internal Medicine, 1992
- Relation between Malpractice Claims and Adverse Events Due to NegligenceNew England Journal of Medicine, 1991
- Incidence of Adverse Events and Negligence in Hospitalized PatientsNew England Journal of Medicine, 1991
- Do the elderly sue physicians?Archives of Internal Medicine, 1990
- Standard of care and anesthesia liabilityPublished by American Medical Association (AMA) ,1989