| Juries and medical malpractice claims: empirical facts versus myths. | |
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MedLine Citation:
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PMID: 19002541 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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Juries in medical malpractice trials are viewed as incompetent, antidoctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled for much less than the verdicts. |
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Authors:
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Neil Vidmar |
Publication Detail:
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Type: Journal Article Date: 2008-11-11 |
Journal Detail:
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Title: Clinical orthopaedics and related research Volume: 467 ISSN: 1528-1132 ISO Abbreviation: Clin. Orthop. Relat. Res. Publication Date: 2009 Feb |
Date Detail:
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Created Date: 2009-01-19 Completed Date: 2009-02-10 Revised Date: 2010-09-23 |
Medline Journal Info:
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Nlm Unique ID: 0075674 Medline TA: Clin Orthop Relat Res Country: United States |
Other Details:
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Languages: eng Pagination: 367-75 Citation Subset: AIM; IM |
Affiliation:
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Duke University School of Law, Durham, NC 27708-0360, USA. vidmar@law.duke.edu |
Export Citation:
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| MeSH Terms | |
Descriptor/Qualifier:
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Decision Making Humans Insurance, Liability Malpractice / economics, legislation & jurisprudence*, statistics & numerical data Negotiating Physicians / legislation & jurisprudence United States |
| Comments/Corrections | |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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