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The Medical Malpractice System
- Robert J. Yaes, MD
The Editors welcome submissions for possible publication in the Letters section. Authors of letters should:
Include no more than 300 words of text, three authors, and five references
Type with double-spacing
Send three copies of the letter, an authors' form signed by all authors, and a cover letter describing any conflicts of interest related to the contents of the letter.
Letters commenting on an Annals article will be considered if they are received within 6 weeks of the time the article was published. Only some of the letters received can be published. Published letters are edited and may be shortened; tables and figures are included only selectively. Authors will be notified that the letter has been received. If the letter is selected for publication, the author will be notified about 3 weeks before the publication date. Unpublished letters cannot be returned.
Annals welcomes electronically submitted letters.
TO THE EDITOR:
A critical review of Taragin and colleagues' [1] useful analysis of data on medical malpractice cases in the state of New Jersey is not so reassuring. Between 1977 and 1992, there were 12 829 insured physicians, and 11 934 cases were filed. The data analysis on 8231 closed cases, which had been prereviewed by insurance company medical experts, showed that 62% of these cases were defensible; that is, there was no clear evidence of physician error. Because a malpractice claim can seriously disrupt a physician's personal and professional life and can cause him or her significant emotional distress, even when the case is eventually resolved in the physician's favor, this percentage is distressingly high.
Even more disturbing is the fact that payments were made in 21% of the cases classified as defensible. Although Taragin and colleagues suggest the possibility of misclassification, it is also possible that the insurance companies paid the plaintiffs to go away, deciding it was less expensive than defending the case in court, even if ultimately successful.
Robert J. Yaes
The Editors welcome submissions for possible publication in the Letters section. Authors of letters should:
Include no more than 300 words of text, three authors, and five references
Type with double-spacing
Send three copies of the letter, an authors' form signed by all authors, and a cover letter describing any conflicts of interest related to the contents of the letter.
Letters commenting on an Annals article will be considered if they are received within 6 weeks of the time the article was published. Only some of the letters received can be published. Published letters are edited and may be shortened; tables and figures are included only selectively. Authors will be notified that the letter has been received. If the letter is selected for publication, the author will be notified about 3 weeks before the publication date. Unpublished letters cannot be returned.
Annals welcomes electronically submitted letters.
- Copyright 2004 by the American College of Physicians
