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Injury, Liability, and the Decision to File a Medical Malpractice Claim

Publication ,  Journal Article
Sloan, FA; Hsieh, CR
Published in: Law & Society Review
1995

The authors used two data sets based on interviews with families who suffered an adverse birth outcome in Florida—either a stillbirth, an infant death, or a permanent birth-related injury—to assess the decision to file a medical malpractice claim. These data were supplemented by medical evaluations of liability. The authors found that cases in which the physician evaluators thought the physician had been negligent were much more likely to have become claims, as were more serious injuries. Overall, the view of critics of the current medical malpractice system that innocent physicians are just as likely, or more likely, to be sued than the guilty ones and that patients sue when they do not obtain a “perfect result” is not confirmed. Claims were less likely to result when the family had health insurance, either private or public, and when families who had been told by the physician that there might be a problem with the child. The mother's educational attainment and family income had no effect on the probability of claiming. Mothers who admitted to consuming alcohol during pregnancy were more likely to claim.

Duke Scholars

Published In

Law & Society Review

DOI

EISSN

1540-5893

ISSN

0023-9216

Publication Date

1995

Volume

29

Issue

3

Start / End Page

413 / 435

Publisher

Cambridge University Press (CUP)

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology
 

Citation

APA
Chicago
ICMJE
MLA
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Sloan, F. A., & Hsieh, C. R. (1995). Injury, Liability, and the Decision to File a Medical Malpractice Claim. Law & Society Review, 29(3), 413–435. https://doi.org/10.2307/3053973
Sloan, Frank A., and Chee Ruey Hsieh. “Injury, Liability, and the Decision to File a Medical Malpractice Claim.” Law & Society Review 29, no. 3 (1995): 413–35. https://doi.org/10.2307/3053973.
Sloan FA, Hsieh CR. Injury, Liability, and the Decision to File a Medical Malpractice Claim. Law & Society Review. 1995;29(3):413–35.
Sloan, Frank A., and Chee Ruey Hsieh. “Injury, Liability, and the Decision to File a Medical Malpractice Claim.” Law & Society Review, vol. 29, no. 3, Cambridge University Press (CUP), 1995, pp. 413–35. Crossref, doi:10.2307/3053973.
Sloan FA, Hsieh CR. Injury, Liability, and the Decision to File a Medical Malpractice Claim. Law & Society Review. Cambridge University Press (CUP); 1995;29(3):413–435.
Journal cover image

Published In

Law & Society Review

DOI

EISSN

1540-5893

ISSN

0023-9216

Publication Date

1995

Volume

29

Issue

3

Start / End Page

413 / 435

Publisher

Cambridge University Press (CUP)

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology