Watergate Nursing Home case analysis
Dropped medical malpractice claims: their surprising frequency, apparent causes and potential remedies.
The articles states that not all malpractice claims eventually get to trial and this is not because the cases are frivolous in nature. The rate at which claims are “dropped”, abandoned, adjudicated or withdrawn has been found to be quite alarming and costly. From the article, we understand that some claims are dropped because of the long process it goes through before getting to trial of which some plaintiffs are not patient enough to wait for, some are dropped because in the process of litigation and battling the claims out, they discover some facts or pivotal information that “lowers their assessment of the value of their case or claims”. The article also found that a case can be dropped due to reasons that should have been foreseen by the plaintiff and his attorney. Thorough investigations should be made by a plaintiff and his attorney before filling a lawsuit as this would reduce the number of claims which ultimately reduces the litigation cost.
Some scholars from the University of Michigan found that “when defendants provide information efficiently to plaintiffs, it helps reduce the number of new cases and proportion of cases in which settlement payments are made but on the other hand, insurers and some others are of the thought that doing this would increase the number of claims because this gives the plaintiff more incentive to continue with their claims”.
The writer recommends that a penalty should be imposed for every dropped claim as this would help reduce the number of cases that get dropped or abandoned eventually. Also, insurers, hospitals and plaintiffs should try as much as possible to settle cases amicably at reasonable amount before cases goes any further thereby minimizing the number of claims dropped. There should be a more efficient process of dealing with malpractice cases before claims are been made and hospitals and insurers should put
The articles states that not all malpractice claims eventually get to trial and this is not because the cases are frivolous in nature. The rate at which claims are “dropped”, abandoned, adjudicated or withdrawn has been found to be quite alarming and costly. From the article, we understand that some claims are dropped because of the long process it goes through before getting to trial of which some plaintiffs are not patient enough to wait for, some are dropped because in the process of litigation and battling the claims out, they discover some facts or pivotal information that “lowers their assessment of the value of their case or claims”. The article also found that a case can be dropped due to reasons that should have been foreseen by the plaintiff and his attorney. Thorough investigations should be made by a plaintiff and his attorney before filling a lawsuit as this would reduce the number of claims which ultimately reduces the litigation cost.
Some scholars from the University of Michigan found that “when defendants provide information efficiently to plaintiffs, it helps reduce the number of new cases and proportion of cases in which settlement payments are made but on the other hand, insurers and some others are of the thought that doing this would increase the number of claims because this gives the plaintiff more incentive to continue with their claims”.
The writer recommends that a penalty should be imposed for every dropped claim as this would help reduce the number of cases that get dropped or abandoned eventually. Also, insurers, hospitals and plaintiffs should try as much as possible to settle cases amicably at reasonable amount before cases goes any further thereby minimizing the number of claims dropped. There should be a more efficient process of dealing with malpractice cases before claims are been made and hospitals and insurers should put