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TRACING THE SHADOW OF THE LAW: JURY VERDICTS IN MEDICAL MALPRACTICE CASES

NCJ Number
143594
Journal
Justice System Journal Volume: 14 Issue: 1 Dated: (1990) Pages: 4-39
Author(s)
S Daniels
Date Published
1990
Length
36 pages
Annotation
Jury verdicts in medical malpractice cases in 46 counties in 11 States during 1981-85 were studied to determine the frequency of malpractice verdicts, the sizes of the awards, and the effects of socioeconomic and legal factors on variations across jurisdictions.
Abstract
Results revealed that 1,886 (7.7 percent) of the 24,625 civil jury verdicts involved allegations of medical malpractice. Results revealed substantial geographic variations in both the number and the percentage of malpractice cases and indicated that higher percentages of malpractice cases are a local rather than a national phenomenon. In addition, plaintiffs were unlikely to win malpractice jury cases. Furthermore, local socioeconomic factors or health care characteristics are the main source of variations, while crucial legal factors mediate or channel the effects of such factors. Thus, the diversity found among the counties studied reflects the varying local situations and legal factors. Tables and 11 references

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