Miss Diagnosis

USA: MEDICAL MALPRACTICE LAW

2020

Cecilia PLAZA, «Miss Diagnosis: Gendered Injustice in Medical Malpractice Law», in: Columbia Journal of Gender & Law Vol. 39 No. 2 (2020), p. 91 - 139.

Women patients have experienced a long history of discrimination in medical practice. This study examines the impact of patient gender on the recovery amounts of plaintiffs in medical malpractice litigation that alleges delays, errors, or misdiagnosis because women are more susceptible to diagnosis-related malpractice. This study also analyzes the impact of contextual factors such as state demographics, state legislation on medical malpractice, and the characteristics of individual litigation, such as the duration of each case. Based on a national database of solved malpractice cases from 2004 to 2018, this study uses various statistical models to highlight the contours of the gender differences in medical malpractice litigation. This study also offers suggestions for future research and possible solutions to bridge the gender gap.

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