Litigation & Health Care Providers

The purpose of this study was to explore the issues underlying the phenomenon of litigation involving health care providers with a view toward recommending solutions that will lead to a reduction in the frequency of litigation while preserving the essential rights of all particles involved in such issues. It was found that an increase in medical malpractice litigation occurred over the past 10 years and that the principal cause of this increase was an inadequate legal structure for medical malpractice. It was found further that an increase in professional provider-third-party payer litigation occurred over the past 10 years, and that the primary reason for this increase was the transfer of the ultimate responsibility for the determination of medical need from professional health providers to health plan administrators. Similarly, it was found that an increase in patient-managed care organization litigation occurred over the past 10 years, and that the primary reasons for this increase was the transfer of the ultimate responsibility for the determination of medical need from professional health providers to health plan administrators. It was found also that an increase in patient dissatisfaction likely occurred over the past 10 years (44.2 percent of the total sample indicated that an increase in patient dissatisfaction occurred and that this change was associated with the increase in patient-managed care organization litigation).

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Category: Medical - L