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Research ArticleMedical Practice

Differences In The Obstetric Malpractice Claims Filed By Medicaid And Non-Medicaid Patients

Laura-Mae Baldwin, Thomas Greer, Rae Wu, Gary Hart, Michael Lloyd and Roger A. Rosenblatt
The Journal of the American Board of Family Practice November 1992, 5 (6) 623-627; DOI: https://doi.org/10.3122/jabfm.5.6.623
Laura-Mae Baldwin
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
M.D., M.P.H.
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Thomas Greer
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
M.D., M.P.H.
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Rae Wu
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
M.D., M.P.H.
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Gary Hart
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
Ph.D.
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Michael Lloyd
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
A.R.M.
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Roger A. Rosenblatt
From the Department of Family Medicine, University of Washington, Seattle; and the Washington State Physicians Insurance Exchange and Association, Seattle. Address reprint requests to Laura-Mae Baldwin, M.D., M.P.H., Department of Family Medicine, RF-30, School of Medicine, University of Washington, Seattle, WA 98195.
M.D., M.P.H.
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Abstract

Background: Many physicians believe Medicaid patients are more likely than non-Medicaid patients to file malpractice claims. This study examines the accuracy of this belief in regard to obstetric malpractice claims.

Methods: Claims filed between January 1982 and June 1988 from the major malpractice insurer in Washington State were used to compare obstetric malpractice claims filed on behalf of Medicaid and non-Medicaid patients.

Results: Eleven percent (7/62) of all closed obstetric claims were filed by Medicaid patients, whereas 19 percent of all births in Washington State were to Medicaid patients between 1982 and 1988. Failure to diagnose or treat a fetal condition was the most commonly alleged negligence in both Medicaid and non-Medicaid groups. Most claims in both groups were settled before the cases went to court; a substantial minority of claims were dropped. The mean cost of Medicaid claims ($406,984) was three times that of non-Medicaid claims ($133,743), suggesting that paid Medicaid claims were more severe than paid non-Medicaid claims.

Conclusions: Medicaid patients appear no more likely to file obstetric malpractice claims than non-Madicaid patients. The low likelihood of filing claims, coupled with large settlements, suggests that Medicaid patients may have less access to legal services than non-Medicaid patients.

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The Journal of the American Board of Family     Practice: 5 (6)
The Journal of the American Board of Family Practice
Vol. 5, Issue 6
1 Nov 1992
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Differences In The Obstetric Malpractice Claims Filed By Medicaid And Non-Medicaid Patients
Laura-Mae Baldwin, Thomas Greer, Rae Wu, Gary Hart, Michael Lloyd, Roger A. Rosenblatt
The Journal of the American Board of Family Practice Nov 1992, 5 (6) 623-627; DOI: 10.3122/jabfm.5.6.623

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Differences In The Obstetric Malpractice Claims Filed By Medicaid And Non-Medicaid Patients
Laura-Mae Baldwin, Thomas Greer, Rae Wu, Gary Hart, Michael Lloyd, Roger A. Rosenblatt
The Journal of the American Board of Family Practice Nov 1992, 5 (6) 623-627; DOI: 10.3122/jabfm.5.6.623
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