Abstract
This paper examines whether a physician's future claims of medical malpractice are predictable from information on the physician's recent claims history, training credentials, practice characteristics, and demographics. Data on the medical malpractice experience of 8,733 Michigan physicians between 1980 and 1989 is analyzed. We find strong evidence of repetition over time regarding who was sued and who paid claims. The worse a physician's malpractice litigation record during 1980–1984, the worse was his record during 1985–1989. Training credentials were also highly predictive of future malpractice experience. Physicians trained at lower ranked medical schools or who went through lower-ranked residency programs faced higher odds of developing adverse malpractice records, even after controlling for their previous litigation record. Growing internet access to information on these characteristics will help inform prospective patients if they wish to avoid physicians likely to be sued and likely to make payments in the future for malpractice.
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References
J. Androshick, A cybercheck on Dr. X, Forbes (22 February 1999).
T.A. Brennan et al., Incidence of adverse events and negligence in hospitalized patiens. Results of the Harvard medical practice study I, New England Journal of Medicine 324 (1991) 370–376.
A.R. Localio et al., Relation between malpractice claims and adverse events due to negligence. Results of the Harvard medical practice study III, New England Journal of Medicine 325 (1991) 245–251.
F.A. Sloan and T.J. Hoerger, Uncertainty, information, and resolution of medical malpractice disputes, Journal of Risk and Uncertainty 4 (1991) 403–423.
H.S. Farber and M.J. White, Medical malpractice: An empirical examination of the litigation process, Rand Journal of Economics 22 (1991) 199–217.
M.I. Taragin et al., The influence of standard of care and severity of injury on the resolution of medical malpractice claims, Annals of Internal Medicine 117 (1992) 780–784.
E.J. Metter, R.L. Granville and M.J. Kussman, The effect of threshold amounts for reporting malpractice payments to the national practitioner data bank: Analysis using the closed claims data base of the office of the assistant secretary of defense, Military Medicine 162 (1997) 257–261.
R.R. Bovbjerg and K.P. Petronis, The relationship between physicians' malpractice claims history and later claims: Does the past predict the future?, Journal of the American Medical Association 272 (1994) 1421–1426.
F.A. Sloan et al., Medical malpractice experience of physicians: Predictable or haphazard?, Journal of the American Medical Association 262 (1989) 3291–3297.
G.A. Jensen, S.J. Spurr, D.A. Weycker and M. Bulycheva, Physicians and the risk of medical malpractice: The role of prior litigation in predicting the future, Quarterly Review of Economics and Finance 39 (1999) 267–289.
J.E. Rolph, D. Pekelney and K. McGuigan, Amending the national practitioner data bank reporting requirements: Are small claims predictive of large claims?, Inquiry 30 (1993) 441–446.
M. Pretzer, Is the malpractice data bank going public?, Medical Economics (26 September 1994) 80.
L.E. Smarr, Commentary, malpractice claims: does the past predict the future?, Journal of the American Medical Association 272 (1994) 1453–1454.
T.E. Adamson, J.M. Tschann, D.S. Gullion and A.A. Oppenberg, Physician communication skills and malpractice claims: A complex relationship, Western Journal of Medicine 150 (1989) 356–360.
G.B. Hickson et al., Obstetricians' prior malpractice experience and patients' satisfaction with care, Journal of the American Medical Association 272 (1994) 1583–1587.
W. Levinson et al., Physician-patient communication: The relationship with malpractice claims among primary care physicians and surgeons, Journal of the American Medical Association 277 (1977) 553–559.
S.S. Entman et al., The relationship between malpractice claims history and subsequent obstetric care, Journal of the American Medical Association 272 (1994) 1588–1591.
W. Levinson, Reply to: Malpratice, patient satisfaction, and physician-patient communication, Journal of the American Medical Association 274 (1995) 23–24.
W. Levinson, Physician-patient communication: A key to malpractice prevention, Journal of the American Medical Association 272 (1994) 1619–1620.
J. Gourman, The Gourman Report: A Rating of Graduate and Professional Programs in American and International Universities, 1st ed. (National Education Standards, Los Angeles, 1980).
American Medical Association (AMA), Data from the Medical Education Research and Information Database (AMA, Chicago, 1994).
M.I. Taragin et al., Physician demographics and the risk of medical malpractice, American Journal of Medicine 93 (1992) 537–542.
M.L. May and D.B. Stengel, Who sues their doctor? How patients handle medical grievances, Law and Sociological Review 24 (1990) 105–120.
G.B. Hickson, E.W. Clayton, P.B. Githens and F.A. Sloan, Factors that prompted families to file medical malpractice claims following perinatal injuries, Journal of the American Medical Association 267 (1992) 1359–1363.
H.B. Beckman, K.M. Markakis, A.L. Suchman and R.M. Frankel, The doctor-patient relationship and malpractice: Lessons from plaintiff depositions, Archives of Internal Medicine 154 (1994) 1365–1370.
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Weycker, D.A., Jensen, G.A. Medical malpractice among physicians: Who will be sued and who will pay?. Health Care Management Science 3, 269–277 (2000). https://doi.org/10.1023/A:1019014028914
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DOI: https://doi.org/10.1023/A:1019014028914