ALTERNATIVE RESOLUTION

English obstetric and gynecological specialists analysed[1] 500 medical malpractice claims in their field of practice. Although, as in a smaller study[2] 3 years previously, they judged nearly half of the allegations to be misguided, they acknowledged incompetent care or error of judgment in nearly a third, and various remediable factors in the remaining one-quarter.

PRACTICE POINT

Of 500 English filed OBGYN malpractice claims, 41% of obstetric cases and 60% of gynecological cases were acknowledged to have merit.

A similar US analysis[3] five years previously had concluded three-quarters of the claims were defensible.

The authors of the current paper recommended proactive physician involvement in the management of filed claims, and greater use of mediation in the interests of cost-containment.

Published in a mainline specialty journal, this is an interesting departure from the more usual posture of reactive, vigorous defence.

PRACTICE POINT

There are indications that some physicians are more prepared to confront substandard care for the benefits of earlier termination of misguided litigation and reduction of escalating malpractice costs

A Texas medical journal explored[4] the underutilisation of statutory arbitration provisions. The emergentologist author found that the use of a National Practitioner Data Bank discouraged local physician participation, and that perception of anti-Plaintiff bias deterred litigants. He offered policy options to address these issues.

PRACTICE POINT

The vigorous growth of medical malpractice litigation has spawned a small but detectable increase in the willingness of Defendants to settle

In Canada, traditionally less Plaintiff-friendly than the United Kingdom and many US jurisdictions, the Canadian Medical Protective Association has recently taken a somewhat more conciliatory approach, and has been more ready to settle obviously meritorious claims.