Two Hot Areas in Medical Malpractice for the 1990s
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Authors
Phelan, Jeffrey P.
Issue Date
1991
Volume
24
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Medical malpractice litigation has escalated during the past two decades. It is estimated that now more than 79% of all obstetrician/gynecologists have been sued at least once, and many more than once. Moreover, if a physician has practiced obstetrics twenty or more years, more than 85% have been sued at least once. This three-fold rise in medical malpractice claims has contributed, in part, to the 50% increase in professional liability insurance premiums.|The obvious question for the 1990s is whether the "malpractice crisis" will continue; and, if so, into what areas will it expand? In the past, the mainstay of medical malpractice litigation has been the failure to diagnose. While this area will continue to be a fertile ground for litigation, additional areas of medical malpractice litigation are firing up in an effort to skirt statutory restrictions on an injured patient's recoveries. This pressure to pursue new avenues is a response to medical malpractice reform initiatives with their emphasis on "no fault," and limitations on injured patients recoveries6 and attorney fees. In effect, these efforts are designed to insulate healthcare providers, hospitals, and state and federal governments from potential liability. As a result, the primary focus of litigation will necessarily change...
Description
Citation
24 Creighton L. Rev. 1261 (1990-1991)
Publisher
Creighton University School of Law