Medical Malpractice Problem

• Published in: The Annals of the American Academy of Political and Social Science 1979-05, Vol.443 (1), p.82-93
• Main Author: Hall, Charles P.
• Format: Article
• Language: English
• Subjects: Captive insurance; Changing Responsibility for Property and Liability Risks and Societal Consequences; Group health insurance; History of medicine; History, Modern 1601; Insurance premiums; Insurance providers; Liability insurance; Licensure - history; Malpractice; Malpractice/Malpractices; Medical; Medical malpractice; Medical malpractice insurance; Physicians; Rates and tables; Self insurance; United States
• ISSN: 0002-7162; 1552-3349
• DOI: 10.1177/000271627944300109

The medical malpractice problem is extremely complex and is perceived very differently by health care providers, patients, and other segments of society. As a widely recognized problem, it is of relatively recent origin. Its potential societal consequences include disruption of health services, waste and maldistribution of economic and human resources, and a severe strain on a variety of our traditional social institutions. The "crisis" of malpractice is a product of many forces, including a disturbing level of negligent and improper medical care, frequently unrealistic patient expectations, and the growing "philosophy of entitlement" which is rampant among Americans. Responses to the problem have sometimes been ill-advised and emotional. Most often, the problem is seen as one of inadequate or overpriced malpractice insurance, though careful analysis suggests that insurance issues are merely symptoms of the real problem. Nevertheless, insurance-based solutions have proven to be politically expedient and have produced at least temporary alleviation of the problem. Ultimately, though, other approaches will be necessary, and careful, objective research is required to identify and test long-term options.