Harvard Medical study - studied 37,000 pts records in New York state (NY bc kept very good records of their claims) Tried to find out how many pts had been injured as a result of their tx Out of that group that tried to narrow down how many of the injuries had actually been caused by negligence, or a failure to provide the standard of care Out of that they looked at how many pts actually filed a claim, and the result was about 2 or 3 % Aka, about 98% of pts that are injured by negligence never file a claim --> the system is def NOT working! It is true, some claims are filed and win that should not have been filed, but under claiming is actually a far larger prob than over claiming The system is actually pretty good at weeding out the frivolous cases so that only the legitimate ones go to trial and receive compensation. Two basic purposes of any tort litigation: Deterrence - policing (drive bad docs out of business), make docs stick to standard of care Not effective - Unlike car insurance, malpractice insurance is generally
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