Rosenblatt R A, Hurst A
University of Washington School of Medicine, Seattle.
Obstet Gynecol. 1989 Nov;74(5):710-4.
We reviewed all closed obstetric claims in the records of a major physician-sponsored malpractice insurer that has written policies from 1982 to the present. Of the 54 files closed during the 6.5-year period covered by this study, 21 (39%) involved physician reports of bad outcomes that did not lead to a formal claim. Of the 33 formal claims, 14 (42%) were dismissed, either by the plaintiff's attorney or by the courts. Eighteen of the remaining 19 claims were settled before trial, with an average payment to the plaintiff of $185,000. The one suit that went to trial resulted in a defense verdict. A review of the case histories demonstrated that in the majority of cases when a payment was made, probable medical negligence had taken place. Non-meritorious claims were not compensated. For those cases in which a payment was made, the size of the settlement was commensurate with the seriousness of the injury, which almost always involved damage to the infant. Poor physician judgment was the most common source of error.
我们查阅了一家主要的由医生发起的医疗事故保险公司记录中所有已结案的产科索赔案例，该公司自1982年至今一直在撰写保险政策。在本研究涵盖的6.5年期间结案的54份档案中，有21份（39%）涉及医生报告的不良后果，但未导致正式索赔。在33起正式索赔中，有14起（42%）被原告律师或法院驳回。其余19起索赔中的18起在审判前达成和解，原告平均获赔18.5万美元。唯一一起进行审判的诉讼结果是被告胜诉。对病历的审查表明，在大多数赔付案件中，可能存在医疗过失。无价值的索赔未得到赔偿。对于那些进行了赔付的案件，和解金额与伤害的严重程度相称，伤害几乎总是涉及婴儿受损。医生判断失误是最常见的错误根源。
