A Survey of Sued and Nonsued Physicians and Suing Patients

doi:10.1001/archinte.1989.00390100028008

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Vol. 149 No. 10, October 1989

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A Survey of Sued and Nonsued Physicians and Suing Patients

Robyn S. Shapiro, JD; Deborah E. Simpson, PhD; Steven L. Lawrence, MD; Anne Marie Talsky; Kathleen A. Sobocinski, MS; David L. Schiedermayer, MD

Arch Intern Med. 1989;149(10):2190-2196.

Abstract

• To systematically assess the impact of malpractice litigationon the doctor-patient relationship and to collect data thatmight suggest effective tort reform, we surveyed 642 sued physicians,nonsued physicians, and suing patients in Wisconsin. Parallelforms of survey instruments obtained information regarding changesin physicians' practices, changes in attitudes toward patientsor physicians, and changes in physical and emotional well-beingas a result of malpractice litigation or the threat of the same.In addition, opinions regarding causes and deterrents of malpracticelitigation were obtained. Results suggested that claims or threatsof malpractice suits had a negative impact on physicians' practicesand emotional well-being; that this negative impact was morepronounced when the sued physician had been more personallyinvolved with his patient prior to the malpractice claim; andthat suing patients' and sued physicians' understanding of theirrelationship before the malpractice claim significantly differed.All respondents viewed improved physician-patient communicationas the most effective method of preventing malpractice claims.Informal, alternative dispute resolution mechanisms in hospitalsand clinics and improved peer review may decrease litigationand its deleterious effects.

(Arch Intern Med. 1989;149:2190-2196)

Author Affiliations

From the Center for the Study of Bioethics (Atty Shapiro, Dr Schiedermayer, and Ms Talsky) and the Departments of Bioethics (Atty Shapiro), Educational Services (Dr Simpson), Family Medicine (Dr Lawrence), Biostatistics (Ms Sobocinski), and Medicine (Dr Schiedermayer), Medical College of Wisconsin, Milwaukee.

Footnotes

Accepted for publication April 14, 1989.

Reprint requests to Center for the Study of Bioethics, MedicalCollege of Wisconsin, 8701 Watertown Plank Rd, Milwaukee, WI53226 (Atty Shapiro).

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