Malpractice claims closed against hospital defendants in Florida: 1986–1993

Abstract

Objective -To provide a statewide trend analysis of all hospital malpractice claims, payment amounts, and their distribution by location of the event within hospitals. J O U R N A L O F H E A L T H C A R E R I S K M A N A G E M E N T occurred in only two counties, Dade(Miami) and Broward (Ft. Lauderdale).Within the hospital, the patient room and the operating room accounted for 54 percent of the total claims, although the average award for each site was relatively small, $97,802 and $1 17,899, respectively. Claim events occurring in the labor and delivery room had the highest average payment ($469,128) resulting in 26 percent of the total payments, while representing just under 9 percent of total claims paid. Critical care had the second highest average award ($444,900), followed by the nursery ($316,412), the recovery room ($279,235), and the emergency department ($156,154).Eighty-eight percent of the claims were ultimately settled by the parties, and just under 12 percent were resolved at trial. If the case went to court, defendant hospitals were three times more likely to prevail than the plaintiff, but, if they lost, they paid an average award four times greater than that paid in a settled claim.Conclusion -While hospital malpractice claim frequency is decreasing in Florida, the factors responsible for this trend and its relationship to the quality of care require additional research.