To Err is Human: Medical malpractice and tort reform

[Bryant Cameron Webb]

Eight years ago, the Institute of Medicine (IOM) issued its landmark report on medical errors, To Err Is Human: Building a Safer Health System.  It found that at least 44,000 people, and perhaps as many as 98,000 people, die in hospitals each year as a result of medical errors that could have been prevented, according to estimates from two major studies.

Around the same time as the publication of the IOM report, the cost of medical malpractice insurance began to rise after a period of essentially flat prices. Rate increases were precipitated in part by the growing size of claims, particularly in urban areas. Among the other factors driving up prices was a reduced supply of available coverage as several major insurers exited the medical malpractice business because of the difficulty of making a profit.

Studies have found that an estimated 25% of practicing physicians are sued annually, and an estimated 50-65% physicians are sued at least once during their career (When Good Doctors Get Sued, 2001). 

With odds like this, and the trends in medical malpractice insurance, what is your outlook on your future practice of medicine?  How should physicians react in the era of ever-increasing torts?

[amberelainej]

I am still optimistic. I believe the To Err is Human article really opened people's eyes. Since then, all kinds of quality improvement initiatives have been instituted all over the country. This, in turn, has begun to decrease the amount of medical errors. I'd argue that the number today is much lower than what it was ten years ago. However, prior to electronic medical records, the documentation of such errors had been vastly underreported.

As for torts, I am also optimistic. Tort reform has been going on in several states. One motivator for tort reform has been that all this litigation is expensive! In addition, the focus of many cases has not been on remediation of medical error or increasing quality. As is the case with many things, the pendulum swings both ways. Eventually it has been found that the direction we were headed was not sustainable and something had to give.

[Erik L]

The IOM report To Err is Human served as a wake up call to the nation regarding healthcare reform.  The Joint Commission continues to strengthen their accreditation standards.  There are many groups now involved in enhancing patient safety, such as ASHRM, American Society for Healthcare Risk Management, AHA, American Hospital Association and the leapfrog Group.  Overall, I am optimistic that a positive impact is occurring and that avoidable medical errors are being reduced.

Regarding tort reform I am less optimistic.  In Illinois we are awaiting the decision of the State Supreme Court as to whether the tort reform statute will stand or be rule unconstitutional.  If it is overturned the State Medical Society says that more doctors will leave Illinois.  The medical malpractice insurers will raise rates and an increase in suit fillings may occur.  If the court were to uphold tort reform, this would be a significant step in reforming the system.

Erik L.
Liability Insurance Specialist
Administrator of http://www.MyMedicalMalpracticeInsurance.com

[Vega]

Those numbers are reason enough for many future doctors to choose another profession or to avoid working with patients in their field. While I think it's important to reduce medical errors and I think that is being done, I also think it's important to work on tort reform. It is hard to believe how any doctor can work without having to think about being sued. Another point is I don't want my doctor to be reserved and afraid to take action if my life is in immediate danger because of the fear of being sued.

[michelle]

So what do you think about obamacare?

[Joking]

 an estimated 25% of practicing physicians are sued annually, and an estimated 50-65% physicians are sued at least once during their career

That's amazing,However, when service failures occur, do medical organizations understand what their patients expect?

[anna]

hey.. that true i'm too in favor of above.. I'm second in above's opinion.....

Please vote and let us know a broader Opinion.

[medguy]

Wow, those numbers are shocking and scary. I am sure that even the best and most well prepared doctors make mistakes, it is human error. 98,000 people who die per year of doctor mistakes seems like a lot, but if you think of all the operations and medical patients, that number might be really low. My state has recently tried to curb lawsuits against doctors, by limiting the amount of money that one can get from sueing a doctor. Thanks for sharing, very interesting.

[jessie31]

 :)So I guess any emplyee in hospital should be more responsible to patients and thus avoid such kind of medical errors....
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[human]

I think this is the shocking example of Medical Malpractice cases..According to a recent survey published by the Archives of Internal Medicine, 90% of the physician respondents said they overtest and overtreat to protect themselves from malpractice lawsuits. These findings echo a recent Associated Press story in which many emergency...

[John]

Studies have found that an estimated 25% of practicing physicians are sued annually, and an estimated 50-65% physicians are sued at least once during their career (When Good Doctors Get Sued, 2001).

I can understand it is,
patient,always want get a best cure,wish release their pay
doctor only do best to solve it,but some time it cant get patiently aim

ideal cure course and practice,they still have long way
doctor,through tell patient,but at last still have different even little
life is not product,only one time

patient esp in developed Country,they more value their right,so docter easy sued