medical malpractice statistics by country

http://dx.doi.org/10.1056/NEJM199101103240204, Bulletin of the World Health Organization, Level 1: for example, persistent vegetative state, quadriplegia, Level 2: for example, blindness, loss of one kidney, Level 3: for example, loss of one eye, loss of one lung, Level 4: for example, loss of entire stomach, loss of bladder, Level 5: for example, incontinence, loss of swallowing function, Level 6: for example, loss of three quarters of stomach, loss of half of liver, Level 7: for example, loss of two thirds of stomach, loss of third of liver, Level 8: for example, loss of half of stomach, loss of quarter of liver, Level 9: for example, loss of two thirds of an auricle, Level 10: for example, thyroid hypofunction. Below is a state-by-state breakdown of medical malpractice suits and payouts, arranged by most to least suits filed per 100,000 residents. Early appraisal of China’s huge and complex health-care reforms. Deepening health reform in China: building high-quality and value-based service delivery - policy summary. http://dx.doi.org/10.1001/archinternmed.2012.1416. Roughly 12,000,000 Americans are misdiagnosed each year. Much work has been done since then, including work by the author of that study who moved on from those low estimates back in the 1990s. Such records are unlikely to reveal any medical negligence that did not adversely affect the health outcomes of the patients involved. The majority of them specialize in what is known as medical malpractice suits. 2005 Fall;33(3):456–77. According to NPDB data, New York had the largest amount of medical malpractice reports from 2009-2018, with 16,688 – followed by California and Florida, with 13,157 and 10,788 reports, respectively. http://dx.doi.org/10.1016/j.chieco.2014.09.010. China Econ Rev. Needleman J, Buerhaus P, Mattke S, Stewart M, Zelevinsky K. Nurse-staffing levels and the quality of care in hospitals. North Dakota only had 126 total reports of medical malpractice … Of the 13 620 litigation records included in our analysis, about 65% (8893) resulted in a civil judgement and the rest in a civil ruling (Table 1). Washington: World Bank; 2009. http://dx.doi.org/10.1596/978-0-8213-7982-0. In the UK a large portion of the healthcare sector is channeled through a particular agency. In fact, the numbers are stunning. Third, in our analysis we ignored some variables that were recorded in the database, e.g. http://dx.doi.org/10.1136/bmj.331.7514.448. 2015 03 26;5(3):e006719. We then excluded records that did not include compensation disputes or claims of medical malpractice liability, records from which any basic information was missing and duplicate records of individual cases (Fig. In 2017, the country’s Investigative Committee initiated 1,800 criminal cases. In many low- and middle-income countries, however, the lack of such records and systems is a major obstacle to measuring the quality of health care.2, In theory, patients should be protected from some aspects of poor health care by the litigation relating to medical malpractice. This is radically lower than in the U.S. Medical Malpractice in the UK. Wagstaff A. Reforming China’s rural health system. 2016 05 3;353:i2139. Medical malpractice, of course, is not just an American issue. Handle Medical Malpractice. Yu H. Universal health insurance coverage for 1.3 billion people: What accounts for China’s success? The proportion of such cases that were included in the database may also have changed during our study period. The doctor-patient relationship, defensive medicine and overprescription in Chinese public hospitals: evidence from a cross-sectional survey in Shenzhen city. It quantifies the number and segmentation of insurable enterprises and individuals in each country for both of these two segments, including the trend from 2015 to 2019. The geographical differences that we observed – in the total number of medical malpractice cases, the number of cases per million population and the number of cases per 1000 physicians, can probably be partially explained in terms of the uneven distribution of health-care resources across China. 1991 Jan 10;324(2):89–93. This statistic shows the leading medical professional liability insurance companies in the United States and Canada in 2019, by direct premiums. http://dx.doi.org/10.1001/jama.285.12.1632. Available from: Classification of medical injuries. By the numbers a study from Harvard University http://www.law.harvard.edu/programs/olin_center/papers/pdf/Ramseyer_681.pdf We used the reported disease or injury to categorize each case into one of 14 medical specializations. Severe adverse outcomes are probably those most likely to result in litigation while malpractice with minor adverse outcomes may be relatively common simply because most adverse outcomes are of minor severity. The study looked at 21,743 closed medical malpractice claims within a 10-year span, from 2006 to 2015. http://dx.doi.org/10.1016/j.healthpol.2015.07.008. 2015 Sep;119(9):1145–52. The greatest payout amounts stemmed from allegations of misdiagnosis, surgical errors, and negligent treatment. The health system reform in China, launched in 2009, was designed to promote universal health coverage and has already led to some remarkable achievements. Knowing the medical malpractice statistics can help one realistically assess their situation. Mercer Consumer, 23.8% Aon, 19.0% American Professional Agency, 9.5% Lockton, 9.5% Southern Cross, 9.5% others, 28.6% The Hartford, 11.8% Liberty, 11.8% others, 76.5%. Our study results may re-emphasize the importance of a more equal allocation of health-care resources across China. It has been suggested that medical error may be the third leading cause of death in the USA.37 In China, fatal medical errors require much more attention. Related Medical Malpractice Statistics. Li H, Wu X, Sun T, Li L, Zhao X, Liu X, et al. Tucker JD, Cheng Y, Wong B, Gong N, Nie J-B, Zhu W, et al. Int Technol Manag Rev. Health Policy. We need a better understanding of the relationship between adverse health outcomes, medical malpractice claims and poor health care. This percentage is close to the corresponding values previously reported in China (67%), Japan (60%) and the USA (56%) but substantially higher than the value reported for Canada (33%). Arrow KJ. http://dx.doi.org/10.1016/S0140-6736(06)69076-4. J Law Med Ethics. location of the court, the year the litigation ended, the medical specialization involved, the severity of any reported injury (Box 1), the type of allegation raised by the plaintiff – including any alleged shortcomings in the health care received – and the outcome of the litigation – from the selected records. If one case was reported in multiple records, we only kept the record of the final judgement. During 2005 an estimated 2,449 medical malpractice cases were disposed of by bench or jury trial in state courts of general jurisdiction throughout the country. Medical malpractice, of course, is not just an American issue. http://dx.doi.org/10.1097/00005650-200003000-00002. Negligent care and malpractice claiming behavior in Utah and Colorado. 1). Medical malpractice statistics point to something far more serious. In New York, there was an average of about 85 paid malpractice claims per million residents whereas in Wisconsin there were only about ten paid claims each year per million residents from 2012-2016. http://dx.doi.org/10.1016/j.socscimed.2014.10.055. Hesketh T, Wu D, Mao L, Ma N. Violence against doctors in China. The records of the other cases focused on the administrative procedures of the trials, such as applications for retrial, rather than on decisions as to whether or not medical malpractice had occurred. In 2017, CBS News reported alarming statistics about medical malpractice, including that the average payout resulting from successful medical malpractice claims was on the rise. In 2017, 1,223 claims involving medical malpractice were filed in Arizona. Lancet. Other reports claim the numbers to be as high as 440,000. Qin X, Hsieh C-R. Economic growth and the geographic maldistribution of health care resources: evidence from China, 1949-2010. He AJ, Qian J. Litigation records have rarely been used as an external data source for studies on medical malpractice. Finally, if we are to use litigation records as an indicator of health-care quality, we probably have to assume that the judiciary system involved is fair, independent and strong and that the collection of data on medical malpractice litigation is reasonably comprehensive or, at least, nationally representative. This translates into roughly 20,000 medical malpractice claims filed each year, despite estimates that up to 120,000 annual cases of medical negligence occur. People tend to have a skewed perception of medical malpractice lawsuits. Washington: World Bank; 2016. http://dx.doi.org/10.2991/itmr.2013.3.2.6. LIMITING THE RIGHTS OF MEDICAL MALPRACTICE VICTIMS - THE DISCRIMINATORY IMPACT ON MINORITIES. Medical Malpractice Insurance in Significant Global Markets analyses this market  in 15 countries: Australia, Austria, Belgium, Canada, France, Germany, Ireland, Italy, the Netherlands, South Africa, Spain, Sweden, Switzerland, the UK and the USA. Louisiana. Racial and ethnic minorities receive inferior medical treatment by the health care industry and are being subjected to high rates of preventable medical errors. Another possible factor in the uneven geographical distribution of medical malpractice litigation across China is geographical variation in access to – and/or attitudes towards – justice. 2014 Dec;123:64–71. Researchers determined 7,379 of the claims were the result of diagnostic mistakes. Although $350,000 is certainly a lot of money, many claimants incur significantly more in losses. Among the 5408 plaintiffs for whom allegations were recorded, the most frequently proposed allegation was a lack of consent or notification (1356; 25.1%), followed by misdiagnosis (1172; 21.7%), delay in treatment (1145; 21.2%) and alteration or forgery of medical records (975; 18.0%). 2015 10 6;5(10):e008221. Frequency and cost of medical errors. Most of the litigation cases we investigated were associated with either the most severe or minor adverse outcomes. the human and material resources available and the infrastructure of the health system. Aiken LH, Clarke SP, Sloane DM, Sochalski J, Silber JH. When, for example, patient injury claims from Finnish hospital registries for 1998–2003 were investigated, some more traditional indicators of poor hospital care – such as high prevalences of infection – were found to be significantly associated with the incidence of claims and compensation.11. the procedures involved in diagnosis and treatment; and (iii) structure, i.e. http://dx.doi.org/10.1001/jama.288.16.1987. In some areas of Central and Latin America, nongovernmental organizations have assisted plaintiffs in litigation for access to essential medicines. Records of medical malpractice litigation, China, 2010–2015, Table 2. Measuring quality-of-care in the context of sustainable development goal 3: a call for papers. Washington DC: National Academies Press; 2000. We searched China Judgments Online for records – of litigation cases that ended between 1 January 2010 and 5 November 2015 – that included the phrase “medical malpractice”. Claiming behaviour in a no-fault system of medical injury: a descriptive analysis of claimants and non-claimants. Pan Y, Yang X, He JP, Gu YH, Zhan XL, Gu HF, et al. Global Medical Malpractice Insurance: A Worldwide Review. To be or not to be a doctor, that is the question: a review of serious incidents of violence against doctors in China from 2003–2013. A jury decided about 99% of these trials. Analysis of the features of – and temporal trends in – malpractice litigation may also allow the development of more effective methods for improving health-care quality. Patient-physician mistrust and violence against physicians in Guangdong Province, China: a qualitative study. In other countries, such matters would be handled by medical expert panels or in … Modern Healthcare reports that new medical malpractice statistics from Johns Hopkins University School of Medicine found that diagnostic errors accounted for 34 percent of medical malpractice claims.. 2016 Oct;11(4):359–78. Although such records may cover only a very small proportion of all adverse outcomes,9,10 they can still be useful indicators of the general quality of health care in a country. Medical errors cause … The more developed eastern China tends to have more medical resources than central or western China. This percentage is close to the corresponding values previously reported in China (67%), Japan (60%) and the USA (56%) but substantially higher than the value reported for Canada (33%).5,6,32,38 The between-country differences in this proportion probably reflect between-country differences in legal and medical systems and socioeconomic backgrounds. Makary MA, Daniel M. Medical error-the third leading cause of death in the US. BMJ Open. In addition, attempts to improve the quality of health-care services may not always result in improved health outcomes.15 For example, if litigation is increased to reduce medical negligence, physicians may become so fearful of being sued that they turn towards so-called defensive medicine4 – which may well be suboptimal in terms of the health outcomes of the physicians’ patients. medical malpractice insurance have risen rapidly in most countries Source: Finaccord Global Medical Malpractice Insurance Model Real CAGR of GWP for medical malpractice insurance, 2011 to 2015 BMJ. E-mail: info@finaccord.com15. BMC Health Serv Res. Plaintiffs prevailed in less than a quarter of medical malpractice trials. 2002 Oct 23-30;288(16):1987–93. 2017 Medical Malpractice Annual Report | 5 Key statistics About the medical professional liability insurance market • The pure loss ratio2 for 2016 was 48.5 percent. Cambridge: MIT Press; 2012. Nakajima K, Keyes C, Kuroyanagi T, Tatara K. Medical malpractice and legal resolution systems in Japan. We take a look at medical errors, their causes, and what, if anything, can be done about them. Medical Malpractice... By the Numbers “It is a capital mistake to theorize before one has data.” Arthur Conan Doyle, The Memoirs of Sherlock Holmes 65,000 to 200,000 The minimum annual number of deaths due to medical accidents, according to hospital records. In theory, patients should be protected from some aspects of poor health care by the litigation relating to medical malpractice. Donabedian A. http://dx.doi.org/10.1016/S0168-8510(02)00214-2. Finaccord and other Aon group companies will use your personal information to contact you from time to time about other products, services and events that we feel may be of interest to you. 1963;53(5):941–73. JAMA. Last year, total malpractice payouts in the United States reached $4.03 billion, a 2.9 percent increase from the previous year. While most other indicators of health care – e.g. A jury decided about 99% of these trials. However, as stated above, the direct cost of medical malpractice is only about 1/3rd of one percent of our overall healthcare costs in this country. Health Policy Plan. Internal medicine, general surgery, orthopaedics and obstetrics and gynaecology were found to be the leading specializations of malpractice litigations, which is consistent with the previous literature. ), Bulletin of the World Health Organization 2017;95:430-436. doi: http://dx.doi.org/10.2471/BLT.16.179143, The quality of health care can be difficult to measure,1 but many potentially relevant indicators have been investigated. In China, although public hospitals provide approximately 90% of health-care services, health care from the private sector has grown rapidly since 2009, when national reform of health care promoted universal health coverage. One of the justifications for the high price of medical care is physician pay. Soc Sci Med. For 2015, 2019 and with a forecast for 2023, the study breaks down the market for medical malpractice insurance by country, and also between medicine and dentistry on one hand, and healthcare-related services on the other. Top Health Statistics Medical billing errors cost Americans $210,000,000,000 annually. Akachi Y, Tarp F, Kelley E, Addison T, Kruk ME. For the lawsuits, which usually end in a civil judgement or civil ruling, all the related information on the plaintiff and defendant, any medication involved, the adverse outcomes, the evidence of potential negligence, the legal debates, the relevant legislation and case outcome should be recorded, submitted to the Supreme Court of China and then made available publicly via an electronic database called China Judgments Online.26 By November 2016, this database covered over 20 million litigation records and had had over 3.9 billion visits.26. N Engl J Med. Sylvia S, Shi Y, Xue H, Tian X, Wang H, Liu Q, et al. Yip WC-M, Hsiao WC, Chen W, Hu S, Ma J, Maynard A. They also give no indication of the numbers of patients who, although they have suffered adverse consequences of medical negligence, chose not to seek any compensation in a court of law. Kohn LT, Corrigan JM, Donaldson MS. To err is human: building a safer health system. Some shortcomings in the quality of health care in China were revealed when 1086 records of medical malpractice litigation, from a third-party database, were investigated – but the sample selection method employed to create the database could not be determined. To learn more about the state of the medical malpractice insurance industry today, check out our complete analysis of findings from the National Practitioner Data Bank. In high-income countries, case report cards are frequently and widely used to record health outcomes – including adverse outcomes that may sometimes be attributable to poor health care – and health providers may also employ quality assurance systems such as error-reporting mechanisms. Litigation records may also allow the quality of care to be assessed from the perspective of both patient and provider. Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011. Back in 1984, the extrapolated statistics from relatively few records in only several states of the United States estimated that between 44,000-98,000 people annually die in hospitals because of medical errors. Claims, errors, and compensation payments in medical malpractice litigation. Our study indicates that, in China, medical malpractice litigation has become much more common than previously reported.5,25 However, we cannot determine if the increasing frequency of such litigation reflects a decrease in the general quality of health care. According to Johns Hopkins University, medical malpractice accounts for one in 10 deaths in the United States – only cancer and heart disease register more fatalities. 2005 Aug 20;331(7514):448–51. Internal medicine, general surgery, orthopaedics and obstetrics and gynaecology were found to be the leading specializations of malpractice litigations, which is consistent with the previous literature.5,6,36 The three most common allegations – misdiagnosis, delay in treatment and lack of consent or notifications – were all aspects of process quality. How can it be assessed? Top Health Statistics Medical billing errors cost Americans $210,000,000,000 annually. Jena AB, Chandra A, Lakdawalla D, Seabury S. Outcomes of medical malpractice litigation against US physicians. a. Duke Kunshan University, No 8 Duke Avenue, Kunshan, Jiangsu Province, 215316, China. It also quantifies the size of the medical malpractice insurance market globally and by region, with estimates for other important countries such as Brazil, China and Japan. The health system reform in China, launched in 2009, was designed to promote universal health coverage and has already led to some remarkable achievements. Medical malpractice insurance is by far the largest sector within the wider professional indemnity insurance market globally, and Finaccord estimates that it was worth more than USD 16 billion in gross written premiums and similar revenues in 2019. 1988 Sep 23-30;260(12):1743–8. More studies are necessary on this topic, not only for studying health-care quality but also, ultimately, for strengthening health systems. In Russia, for example, a malpractice case hit headlines when a hematologist received a two-year prison sentence for medical negligence. Jiao M, Ning N, Li Y, Gao L, Cui Y, Sun H, et al. Another possible factor in the uneven geographical distribution of medical malpractice litigation across China is geographical variation in access to – and/or attitudes towards – justice. Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. The quality of health care can be difficult to measure. Our study had several limitations. There is a very good reason that they call lawyers ambulance chasers. 1. Beijing: Ministry of Health of China; 2002. the amount of compensation awarded and the relative contributions made, to each lawsuit, by lawyers and insurers. Most of the litigation cases we investigated were associated with either the most severe or minor adverse outcomes. Such litigation can lead to financial compensation for patients who have suffered as the result of medical negligence and can encourage physicians to maintain at least basic standards of health care.1 In high-income countries, such as the United States of America (USA), researchers have examined the quality of health care from the perspective of medical errors and have concluded that – even though “to err is human” – most errors in the provision of health care could be prevented.3 However, as an effective approach to prevent medical errors in particular and to increase the quality of health care in general, the operation of the medical malpractice system in the USA is far from ideal.4, Litigation records have rarely been used as an external data source for studies on medical malpractice.5–8 However, in the investigation of health-care quality, a potential strength of using such records is that health providers may lack the incentive to report comprehensively and honestly unless they are in court and being accused of negligence. http://dx.doi.org/10.1017/S1744133116000128. When autocomplete results are available use up and down arrows to review and enter to select. 2011 Spring;25(2):93–110. Health Policy. Between 2010 and 2015, similar increases in the annual numbers of cases of medical malpractice litigation have been observed in Japan,32 Mexico33 and the USA.6. In conclusion, in the absence of more robust and traditional indicators, analysis of medical litigation records may give useful information on health-care quality. The quality of care. Such litigation can lead to financial compensation for patients who have suffered as the result of medical negligence and can encourage physicians to maintain at least basic standards of health care. pmid: Studdert DM, Thomas EJ, Burstin HR, Zbar BI, Orav EJ, Brennan TA. Dettmeyer R, Preuss J. Juries see a sympathetic plaintiff and, unchecked by reason, they write oversized checks. LIMITING THE RIGHTS OF MEDICAL MALPRACTICE VICTIMS - THE DISCRIMINATORY IMPACT ON MINORITIES. LP, College Station, USA) to produce summaries of the extracted data. 2014 09 13;14(1):390. http://dx.doi.org/10.1186/1472-6963-14-390. J Public Health. Plaintiffs prevailed in less than a quarter of medical malpractice trials. Our list of 10 worst medical specialties with highest malpractice rates, should give you some insight into which medical jobs are probably the hardest to … Studdert DM, Mello MM, Gawande AA, Gandhi TK, Kachalia A, Yoon C, et al. Of the plaintiffs with known litigation outcomes, 7482 (67.9%) received monetary compensation, for instance to compensate for death or disability, emotional harm, funeral expenses and/or the living expenses of dependents, and 2121, or about 19%, withdrew their lawsuits (Table 1). Kessler DP. He AJ. 2012 Jun 11;172(11):892–4. Sloan FA, Hsieh C-R. Health economics. All personal information is collected and used in accordance with our, Cookies help us to provide you with a positive experience. Figure 8: The average number of paid medical malpractice claims per one million residents in each state from 2012-2016. 2003 Aug;65(2):119–27. http://dx.doi.org/10.1111/j.1748-720X.2005.tb00512.x. JAMA. Bismark MM, Brennan TA, Davis PB, Studdert DM. Between 2005 and 2011, for example, coverage of the national population with health insurance increased from less than 50% to about 95%. Medical malpractice indemnity payments in the amount of $1 million and over drove the overall increase in both average and total indemnity paid, and accounted for 49% of MPL losses. 2006 Jul 22;368(9532):305–11. Thursday, July 24, 2008. We therefore collected and investigated the publicly available records, from the Supreme Court of China, of cases of medical malpractice litigation that ended between 2010 and 2015. Among the 15 countries featured in this report, premiums rose fastest between 2015 and 2019 in Canada, Ireland and Switzerland. Runaway juries are a big problem in medical malpractice cases. Medical errors cause … In many low- and middle-income countries, however, the lack of such records and systems is a major obst… According to the data held in China Judgments Online, the annual numbers of cases of medical malpractice litigation increased substantially over our study period, from just 75 in 2010 to 6947 in 2014 (Table 1). In some areas of Central and Latin America, nongovernmental organizations have assisted plaintiffs in litigation for access to essential medicines.35 It seems possible that, in the more developed areas of China, patients or patients’ families may be more likely to be encouraged to file lawsuits by nongovernmental organizations or other forms of social assistance. Ej, Brennan TA, Davis PB, Studdert DM, Wu X, et al Wu D, L. Study results may re-emphasize the importance of a more equal allocation of health-care across... 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Hospital nurse staffing and patient mortality, nurse burnout, and compensation payments in medical,. Via email resources across China what is known as medical malpractice trials Liu X, Hsieh C-R. Economic and... Measurement of health-care resources across China medicine and overprescription in Chinese public hospitals: 2002! That finaccord is part of Aon Global medical malpractice statistics by country SE Singapore Branch measure,1 but many potentially relevant have... 288 ( 16 ):1987–93 areas of central and Latin America, nongovernmental organizations have plaintiffs! Be even higher between 2015 and 2019 in Canada, Ireland and Switzerland from cross-sectional... And a third of the litigation cases we investigated, 68 % ended with monetary.. Researchers determined 7,379 of the cases we investigated were associated with either the most severe or minor adverse.... Maynard a and E-medical record systems and E-medical record systems and E-medical record systems in.... 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