About 40 percent of the medical malpractice cases filed in the United States are groundless, according to a Harvard analysis of the hotly debated issue that pits trial lawyers against doctors, with lawmakers in the middle.
Many of the lawsuits analyzed contained no evidence that a medical error was committed or that the patient suffered any injury, the report said.
The vast majority of those dubious cases were dismissed with no payout to the patient. However, groundless lawsuits still accounted for 15 percent of the money paid out in settlements or verdicts.
The study’s lead researcher, David Studdert of the Harvard School of Public Health, said the findings challenge the view among tort reform supporters that the legal system is riddled with frivolous claims.
“We found the system did reasonably well in sorting the good claims from the bad ones, but there were problems,” he said.
However, the American Medical Association, which favors caps on malpractice awards, called the study proof that a substantial number of meritless claims continue to slip through the cracks, “clogging the courts” and forcing doctors to waste time defending them, association board member Dr. Cecil Wilson said in a statement.
The findings were published in the New England Journal of Medicine this month.
The study found 3 percent of claims analyzed were filed by patients who had no injury. Of the claims that involved injuries, two-thirds were caused by medical error. But the remaining injury claims, or 37 percent, lacked evidence of a medical mistake, and most of those – 72 percent – were thrown out or otherwise resolved without a payout to the patient.
Altogether, the Harvard researchers reviewed 1,452 malpractice claims randomly selected from five insurance companies. The cases were resolved – meaning they ended in a verdict, a settlement or a dismissal – between 1984 and 2004. The claims resulted in a combined $449 million in verdicts and settlements.
The researchers examined medical records, depositions and court transcripts to determine if the patients were injured and whether the injury was due to a medical error.
The study also confirmed that defending a claim is expensive and long, taking an average of five years to resolve. It also found that for every dollar awarded to patients, about half went to cover lawyers’ fees and other expenses.
The report also found that an overwhelming number of malpractice claims (97 percent) involved a severe disability or death. Seventy-three percent of all of the injury claims that were due to medical error were settled with a payment.
Additionally, in about a quarter of cases where a groundless claim was settled, the average payout was lower than that given to a legitimate claim ($313,000 versus $521,000).
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