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KMID : 0904520100280010171
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Health and Medical Sociology
2010 Volume.28 No. 1 p.171 ~ p.196
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Factors Associated with the Malpractice Settlement Cost between Doctors and Patients in Korea
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Lee Jung-Chan
Min Hye-Young
Kim Kye-Hyun
Kim Hahn-Na
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Abstract
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An issue of malpractice has repeatedly come up in discussions and debates over healthcare market. Doctors often must pay exorbitant malpractice insurance fee and they sometimes spend additional settlement cost when they meet unexpected medical errors resulting heavy burden upon them. The purpose of this study was to estimate the average amounts of malpractice settlement cost (MSC) between doctors and patients and to analyze the factors associate with the amounts of that. Data were obtained from the Council of Arbitration of Koran Medical Association (1990-1005) data set for 16 year (N=4,204). MSC was adjusted for inflation to 2009 dollars based on the Consumer Price Index (CPI). Unit of analysis was each malpractice case. Statistical analyses were employed through the t-test and ANOVA and multiple regression analysis.The major findings of this study are as follows:
First, the average MSC amounts 20.5 million Won. Obstetrics and Gynecology costs the highest (27.6 million Won) among the 21 specialties. Also, anesthesia malpractice costs the highest (78 million Won) among the malpractice types. In addition, MSC for death costs the highest(41.8 million Won) among the malpractice results.
Second, there were statistically significant differences of MSC by the patient sex, patient age, residential district of patient, anamnesis, protest or not, sue or not. Additionally, there were meaningful differences of MSC by the doctor"s age and location and scale of the medical institutions and specialties. Thus, there were also MSC differences by the scale of transferred medical institution, malpractice types, malpractice results and settlement periods.
Third, the factors of death, disability, anesthesia, sue, surgery, delivery(cesarean), location of medical institution, protest, anamnesis affected on the MSC between doctors and patients in order of impact size.
As a result, in order to prevent malpractice and to promote the quality of medical services, establishing the framework for a efficient malpractice compensation system is now essential and policymakers must pay attention to lessen the burden of both doctors and patients from damages considering the above study results.
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KEYWORD
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Malpractice, Malpractice Settlement Cost(MSC), Doctors and Patients
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