History of malpractice litigation in the United States

Sei Y. Chung; Christina H. Fang; Jordon G. Grube; Jean Anderson Eloy

doi:10.1007/978-3-030-64418-5_2

History of malpractice litigation in the United States

Sei Y. Chung, Christina H. Fang, Jordon G. Grube, Jean Anderson Eloy

Research output: Chapter in Book/Report/Conference proceeding › Chapter

1 Scopus citations

Abstract

The medical malpractice system in the United States intends to make healthcare safer by serving three functions: deter negligence, compensate plaintiffs injured by negligence, and promote corrective justice to rectify wrongfulness caused by negligence. However, the current system is widely regarded as inefficient, ineffective, and costly. This chapter first provides an overview of the historical evolution of the medical liability system. We then discuss its various costs not only to the healthcare system but also to patients and physicians. We examine the emergence of defensive medicine and the effects of malpractice on physicians' mental health as well as on patients' access to healthcare and the overall quality of healthcare received. Finally, this chapter summarizes past and present malpractice tort reform legislation and its influence on the healthcare system.

Original language	English (US)
Title of host publication	Litigation in Otolaryngology
Subtitle of host publication	Minimizing Liability and Preventing Adverse Outcomes
Publisher	Springer International Publishing
Pages	11-19
Number of pages	9
ISBN (Electronic)	9783030644185
ISBN (Print)	9783030644178
DOIs	https://doi.org/10.1007/978-3-030-64418-5_2
State	Published - Apr 20 2021
Externally published	Yes

Keywords

History
Litigation
Malpractice
Otolaryngology

ASJC Scopus subject areas

General Medicine
General Social Sciences

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1007/978-3-030-64418-5_2

Cite this

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abstract = "The medical malpractice system in the United States intends to make healthcare safer by serving three functions: deter negligence, compensate plaintiffs injured by negligence, and promote corrective justice to rectify wrongfulness caused by negligence. However, the current system is widely regarded as inefficient, ineffective, and costly. This chapter first provides an overview of the historical evolution of the medical liability system. We then discuss its various costs not only to the healthcare system but also to patients and physicians. We examine the emergence of defensive medicine and the effects of malpractice on physicians' mental health as well as on patients' access to healthcare and the overall quality of healthcare received. Finally, this chapter summarizes past and present malpractice tort reform legislation and its influence on the healthcare system.",

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AU - Fang, Christina H.

AU - Grube, Jordon G.

AU - Eloy, Jean Anderson

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AB - The medical malpractice system in the United States intends to make healthcare safer by serving three functions: deter negligence, compensate plaintiffs injured by negligence, and promote corrective justice to rectify wrongfulness caused by negligence. However, the current system is widely regarded as inefficient, ineffective, and costly. This chapter first provides an overview of the historical evolution of the medical liability system. We then discuss its various costs not only to the healthcare system but also to patients and physicians. We examine the emergence of defensive medicine and the effects of malpractice on physicians' mental health as well as on patients' access to healthcare and the overall quality of healthcare received. Finally, this chapter summarizes past and present malpractice tort reform legislation and its influence on the healthcare system.

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KW - Malpractice

KW - Otolaryngology

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History of malpractice litigation in the United States

Abstract

Keywords

ASJC Scopus subject areas

UN SDGs

Access to Document

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