Malpractice suit is a lawsuit in which a professional person is accused of injuring a patient or client through negligence or error. Most malpractice suits involve physicians. A smaller number involve lawyers.
The number of malpractice suits against doctors increased greatly in the United States beginning in the early 1970’s. Most of these suits are filed against surgeons and other specialists who perform medical procedures that involve great risks to patients or that can have lifelong consequences. The amount of money awarded in successful malpractice suits also increased. Many such awards have greatly exceeded $1 million.
With the increased number of suits and the large amounts of money awarded, the cost of malpractice insurance for physicians soared. But some insurance companies dropped all malpractice coverage. The higher cost of malpractice insurance, like the rise in number of suits and in amounts awarded, contributed to sharp rises in the cost of medical care. Physicians passed the higher insurance cost on to patients by increasing their fees. Some physicians also began to order expensive laboratory tests and X rays to protect themselves in case they were later sued. Some surgeons became hesitant to perform risky operations, and some older doctors retired.
Physicians and many state legislatures proposed various solutions to the problem. One proposal involved the creation of panels of doctors, lawyers, and other people to review malpractice cases before the suits go to court. Other approaches included laws that set limits on the amount of money awarded and on the fee of the trial lawyers. Some courts have ruled that such statutes are unconstitutional, and others have upheld them.
Malpractice suits against other professionals have also increased since the early 1970’s. Many clients sued attorneys who lost a case. Most of these suits resulted from a technical mistake, such as failing to file a suit on time. Others involved lawyers who failed to complete the legal work on a case. Malpractice suits have also been brought against accountants and clergy.
