Medical malpractice and the
problems associated with it remain an important issue in the US medical
community.
Yet relatively little information
regarding the long-term history of malpractice litigation can be found in
the literature.
This article addresses 2 questions
(1) when and why did medical
malpractice litigation originate in the United States
(2) what historical factors best
explain its subsequent perpetuation and growth?
Medical malpractice litigation
appeared in the United States around 1840 for reasons specific to that
period.
Those reasons are discussed in the
context of marketplace professionalism, an environment that provided few
quality controls over medical practitioners.
Medical malpractice litigation has
since been sustained for a century and a half by an interacting combination
of 6 principal factors.
Three of these factors are medical
the innovative pressures on
American medicine
the spread of uniform standards
the advent of medical malpractice
liability insurance
Three are legal factors
contingent fees
citizen juries
the nature of tort pleading in the
United States
Knowledge of these historical
factors may prove useful to those seeking to reform the current medical
malpractice litigation system.
Los Angeles County has agreed to an
890-thousand dollar settlement for a man who claims he received shoddy
treatment for a spinal injury at L-A County-U-S-C Medical Center.