Placing 'Standard of Care' in Context: The Impact of Witness Potential and Attorney Reputation in Medical Malpractice Litigation

39 Pages Posted: 8 Nov 2002

See all articles by Catherine T. Harris

Catherine T. Harris

Wake Forest University - Department of Sociology

Ralph A. Peeples

Wake Forest University - School of Law

Thomas B. Metzloff

Duke University School of Law

Date Written: September 2002

Abstract

Previous empirical studies have speculated about the possible role that factors other than negligence play in the resolution of medical malpractice claims. The present study identifies and evaluates the impact of three "strategic variables" in the medical malpractice litigation process: the witness potential of the defendant physician, the witness potential of the plaintiff and the reputation of the plaintiff's attorney. Do factors other than standard of care make a difference in the outcome of medical malpractice cases?

Data were collected from insurance company files on cases filed in North Carolina state courts between 1991 and 1995. Analyses revealed that when the insurers' outside reviewers rated liability as probable, based on standard of care, settlement occurred in most of the cases. However, when liability was rated as uncertain or unlikely, strategic variables were significant predictors of case outcome. Cases in which the defendant physician had a strategic advantage were much less likely to settle, while cases in which the plaintiff had a strategic advantage were much more likely to settle.

Keywords: Medical malpractice, standard of care, dispute resolution, settlement, strategic advantage

JEL Classification: K41

Suggested Citation

Harris, Catherine T. and Peeples, Ralph A. and Metzloff, Thomas B., Placing 'Standard of Care' in Context: The Impact of Witness Potential and Attorney Reputation in Medical Malpractice Litigation (September 2002). Available at SSRN: https://ssrn.com/abstract=333560 or http://dx.doi.org/10.2139/ssrn.333560

Catherine T. Harris

Wake Forest University - Department of Sociology ( email )

P.O. Box 7808
Winston-Salem, NC 27109
United States

Ralph A. Peeples (Contact Author)

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5710 (Phone)
336-758-4496 (Fax)

Thomas B. Metzloff

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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