Back to Journals » International Journal of General Medicine » Volume 6
Negligence, genuine error, and litigation
Authors Sohn D
Received 8 September 2012
Accepted for publication 13 November 2012
Published 15 February 2013 Volume 2013:6 Pages 49—56
DOI https://doi.org/10.2147/IJGM.S24256
Checked for plagiarism Yes
Review by Single anonymous peer review
Peer reviewer comments 4
David H Sohn
Department of Orthopedic Surgery, University of Toledo Medical Center, Toledo, OH, USA
Abstract: Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system.
Keywords: medical malpractice, tort reform, no fault compensation, alternative dispute resolution, system errors
© 2013 The Author(s). This work is published and licensed by Dove Medical Press Limited. The full terms of this license are available at https://www.dovepress.com/terms.php and incorporate the Creative Commons Attribution - Non Commercial (unported, v3.0) License. By accessing the work you hereby accept the Terms. Non-commercial uses of the work are permitted without any further permission from Dove Medical Press Limited, provided the work is properly attributed. For permission for commercial use of this work, please see paragraphs 4.2 and 5 of our Terms.