Due to a printing error, the graphic on p. 270 of some printed copies is wrong. It should be the following:
A ground-breaking study of 6,712 medical records reported that, over a broad range of situations, patients in the U.S. receive only about 55% of the care recommended by various quality guidelines. Elizabeth A. McGlynn, et al., The Quality of Health Care Delivered to Adults in the United States, 348 New Eng. J. Med. 2635 (2003); Steven M. Asch, et al., Who is at Greatest Risk for Receiving Poor-Quality Health Care?, 354 New Eng. J. Med. 1147 (2006). Additional discussions of medical error and measuring and improving quality can be found at Sheila Leatherman and Douglas McCarthy, Quality of Health Care in the United States: A Chartbook (2002); Symposium, 22(2) Health Affairs (March 2003); Symposium, 46 Perspectives in Biology and Medicine 1 (Winter 2003); Rosemary Gibson & Janardan Prasad Singh, Wall of Silence: The Untold Story of Medical Mistakes that Kill and Injure Millions of Americans (Lifeline Press, 2003); Robert M. Wachter & Kaveh G. Shojania, Internal Bleeding: The Truth Behind America's Terrifying Epidemic of Medical Mistakes (Rugged Land, 2004); Lori Andrews, Studying Medical Error in Situ: Implications for Malpractice Law and Policy, 54 Depaul L. Rev. 358 (2005).Corrected Figure
Charles Bosk's classic study of how medical professionals respond to
error has been reissued in a 2nd edition, Forgine and Remember:
Medical Failure (2003).
Questioning whether the threat of malpractice liability actually
deters reporting of medical errors and efforts to improve quality, see
David A. Hyman & Charles Silver, The Poor State of Health Care
Quality in the U.S.: Is Malpractice Liability Part of the Problem or
Part of the Solution?, 90 Corn. L. Rev. 893 (2005). Questioning
much of the conventional wisdom and popular perception about many
aspects of medical malprcatice, and reviewing the Harvard study
extensively, see Thomas Baker, The Medical Malpractice Myth (2005).
Whether and how patients should be told about medical errors is
receiving additional attention. K.M. Mazor, et al., Communicating
with Patients about Medical Errors: A Review of the Literature, 164
Arch. Intern. Med. 1690 (2003); K. M. Mazor, et al., Health
Plan Members' Views about Disclosure of Medical Errors, 140 Ann.
Med. 409 (2004); Bryan A. Liang &
LiLan Ren, Medical Liability Insurance and Damage Caps: Getting Beyond
Band Aids to Substantive Systems Treatment to Improve Quality and
Safety in Healthcare, 30 Am. J. L. & Med. 501 (2004); Carol B.
Liebman & Chris Stern Hyman, Medical Error Disclosure,
Mediation Skills, and Malpractice Litigation (July 2005).
Thomas H. Gallagher and colleagues document that, due to liability
when physicians discuss their mistakes with patients, they are
to apologize, clearly describe the source and nature of the error, or
fully fully meet the patient's or family's emotional needs to come to
with the error. Thomas H. Gallagher et al., Patients’ and Physicians’
Attitudes Regarding the Disclosure of Medial Errors, 289 JAMA 1001
There is growing interest in the appropriateness and success of
formal apologies to head off medical malpractice
Peter Geier, EMERGING MED-MAL STRATEGY: 'I'M SORRY', 27 The National
Law Journal, No. 96, p. 1 (July 17, 2006).
See also Jonathan R. Cohen, Advising Clients to Apologize, 72 S. Cal L. Rev. 1004, 1009 (1999); G.B. Hickson et al., Factors That Prompted Families to File Medical Malpractice Claims Following Perinatal Injuries, 267 JAMA 1359 (1992); Lee Taft, Apology Subverted: The Commodification of Apology, 109 Yale L.J. 1135 (2000); Lee Taft, Apology and Medical Mistake: Opportunity or Foil?, 14 Ann. Health L. 55 (2005); Douglas N. Frenkel and Carol B. Liebman, Words That Heal, 140 Ann. Inern. Med. 482 (2004); Erin Ann O'Hara, Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common, 79 Chi.-Kent L. Rev. 1055, 1079-81(2004); K.M. Mazor, et al., Health Plan Members' Views on Forginiving Medical Errors, 11 Am. J. Manag. Care 49 (2005); Carol B. Liebman & Chris Stern Hyman, Medical Error Disclosure, Mediation Skills, and Malpractice Litigation (July 2005).
An interesting study of various attributes of med. mal. plaintiffs lawyers found that those with more experience are more successful. Catherine T. Harris, Ralph A. Peeples, & Thomas B. Metzloff , Who Are Those Guys? An Empirical Examination of Medical Malpractice Plaintiffs' Attorneys, Wake Forest Univ. Public Law Research Paper No. 03-09 (2003).
A large and prominent medical group in
For additional discussion of the history of
medical malprctice, see Catherine T. Struve, Doctors, The Adversary
System, and Procedural Reform in Medical Liability Litigation, 72
Fordham L. Rev. 944 (2004).
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