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Our medical malpractice system is badly flawed
Our medical malpractice system is badly flawed
Date published: 2/24/2005
The current tort-based medical malpractice system fails to meet any of three basic goals: It does not identify patients injured as the result of medical care. It fails to reimburse injured patients commensurate with the degree of their injury and loss. It does not identify "bad" physicians and is counterproductive to developing systems that would help reduce medical errors. The Harvard Medical Malpractice Study reviewed 30,000 hospital admissions in New York State in 1984. It is the largest and most detailed study published that evaluates hospital medical care. The study identified 1,278 adverse events among this patient population, including 306 instances of negligence. Of these 306 negligently injured patients, eight entered the current malpractice system--fewer than 3 percent. Failure to identify injured patients precludes any effective remuneration to the injured patient. Further data from the same study helps explain why the system is so terribly expensive. In addition to the eight individuals who suffered negligent care and sued, there were 39 patients who were not victims of negligent care but who also entered the tort system. Statewide, the estimate was that only one of six malpractice claims had any valid basis. This detailed study concluded that there was no relationship between the presence or absence of negligent care and the outcome of malpractice litigation. The severity of the injury--not negligent care--was the main factor associated with a malpractice award. The fact that the current malpractice system is so dysfunctional is the major reason physicians give for failing to voluntarily report errors and "near misses." Without this crucial data we are unable to devise systems that could dramatically reduce mistakes in medical care. The Virginia legislature is carefully reviewing several proposals to improve this deeply flawed system. These changes would be welcome. I believe it is now time to consider bold, new alternatives to tort-based medical malpractice, a system that has so clearly failed. Dr. Wayland Marks Stafford
Date published: 2/24/2005
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