How a Lumbar Diskectomy Influenced Medical Malpractice and the Landscape of Health Care

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• 作者：Brian W. Yang ; Wenya Linda Bi ; Timothy R. Smith ; Ryan Brewster ; William B. Gormley ; Ian F. Dunn ; Edward R. Laws Jr. ; ^{elaws@partners.org" class="auth_mail" title="E-mail the corresponding author}
• 关键词：Defensive medicine ; History of medicine ; Lumbar diskectomy media ; Medical malpractice ; Neurosurgical practice
• 刊名：World Neurosurgery
• 出版年：2016
• 出版时间：February 2016
• 年：2016
• 卷：86
• 期：Complete
• 页码：88-92
• 全文大小：1325 K

文摘

Jeff Chandler was one of Hollywood's top leading men in the 1950s and 1960s. In 1961, at the peak of his career, Chandler died of complications following an aortic-iliac injury during a routine lumbar diskectomy. The subsequent public outcry and malpractice suit resulted in an unprecedented settlement award.

Case

Chandler's lawsuit marked a pivotal time in the evolution of medical malpractice and monetary awards. Before 1960, malpractice legal claims were rare, with little impact on the practice of medicine. Chandler's award, however, dwarfed the average malpractice verdict for its time and would influence the relationship between medicine and the legal world. This case helped issue a radical increase in total expenditure on medical liability insurance, frequency of successful claims, average numbers of neurosurgical malpractice suits, and financial award sizes. The trend ensuing from this time has continued to the contemporary era. To link Chandler's case to the current malpractice climate, we highlight the relationship of the case with 3 factors comprising the legal argument for the perpetuation of medical malpractice: 1) contingency fees, 2) citizen juries, and 3) the nature of tort law.

Conclusion

This case illustrates an inflection point in American medical malpractice expenditure increases beginning in the 1960s to a current estimated $55.6 billion. As we investigate ways to provide value in health care, it is important to consider the historical factors that have influenced the status quo when seeking strategies to reform the malpractice system on both sides of the value equation: quality and cost.