Hostname: page-component-745bb68f8f-lrblm Total loading time: 0 Render date: 2025-01-30T23:41:13.329Z Has data issue: false hasContentIssue false
  • English
  • Français

Who Sues Their Doctors? How Patients Handle Medical Grievances

Published online by Cambridge University Press:  01 July 2024

Marlynn L. May  and
Daniel B. Stengel
Rights & Permissions [Opens in a new window]

Abstract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

This article applies the dispute processing model developed by Felstiner, Abel, and Sarat (1980–81) to disputing between patients and doctors. We conducted interviews with 240 dissatisfied patients to examine the dispute resolution choices they made in response to unsatisfactory medical experiences. Probit models were constructed for each of five resolution choices, incorporating independent variables derived form the Felstiner et al. conceptual model. These analyses go beyond previous studies of medical malpractice by (a) presenting a comparative analysis of suers and nonsuers, (b) not relying on closed malpractice case data, and (c) presenting the perspective of aggrieved patients.

Type
Research Article
Information
Law & Society Review , Volume 24 , Issue 1 , 1990 , pp. 105 - 120
Copyright
Copyright © 1990 Law and Society Association.

References

ALDRICH, John and Cnudde, , Charles, F. (1975) “Probing the Bounds of Conventional Wisdom: A Comparison of Regression, Probit, and Discriminant Analysis,” 19 American Journal of Political Science 571.Google Scholar
BERGER, Peter L., and Thomas, LUCKMANN (1967) The Social Construction of Reality. New York: Doubleday, Anchor Books.Google Scholar
BEST, Arthur, and Alan, ANDREASEN (1977) “Consumer Response to Unsatisfactory Purchases: A Survey of Perceiving Defects, Voicing Complaints, and Obtaining Redress,” 11 Law & Society Review 701.Google Scholar
BOVBJERG, Randall R. (1986) “Medical Malpractice on Trial: Quality of Care is the Important Standard,” 49 Law and Contemporary Problems 321.Google Scholar
CRATSLEY, John C. (1978) “Community Courts: Offering Alternative Dispute Resolution Within the Judicial System,” 3 Vermont Law Review 1.Google Scholar
DANZIG, Richard, and Michael J., LOWY (1975). “Everyday Disputes and Mediation in the United States: A Reply to Professor Felstiner,” 9 Law & Society Review 675.Google Scholar
DANZON, Patricia M. (1986) “The Frequency and Severity of Medical Malpractice Claims: New Evidence,” 49 Law and Contemporary Problems 57.Google Scholar
DANZON, Patricia M. (1985) Medical Malpractice: Theory, Evidence, and Public Policy. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
DANZON, Patricia M.-(1984) “The Frequency and Severity of Medical Malpractice Claims,” 27 Journal of Law and Economics 115.Google Scholar
ENGEL, David M. (1983) “Cases, Conflict and Accommodation: Patterns of Legal Interaction in a Small Community,” 1983 American Bar Foundation Research Journal 803.Google Scholar
FELSTINER, William L. F. (1975) “Avoidance as Dispute Processing: An Elaboration,” 9 Law & Society Review 695.Google Scholar
FELSTINER, William L. F. (1974) “Influences of Social Organization on Dispute Processing,” 9 Law & Society Review 63.Google Scholar
FELSTINER, William L. F., Richard, ABEL, and Austin, SARAT (1980–81) “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …,” 15 Law & Society Review 631.Google Scholar
GALANTER, Marc (1974) “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Social Change,” 9 Law & Society Review 95.Google Scholar
HANNIGAN, John A. (1977) “The Newspaper Ombudsman and Consumer Complaints: An Empirical Assessment,” 11 Law & Society Review 679.Google Scholar
HAUG, Marie R., and Bebe, LAVIN (1981) “Practitioner or Patient—Who's In Charge?” 22 Journal of Health and Social Behavior 212.Google Scholar
HAUG, Marie R.-(1978) “Public Challenge to Physician Authority: A Comparative Perspective and Empirical Test.” Unpublished paper, Case Western University.Google Scholar
HIRSCHMANN, Albert A. (1970) Exit, Voice and Loyalty: Responses to Decline in Firms, Organizations and States. Cambridge, MA: Harvard University Press.Google Scholar
LADINSKY, Jack, and Charles, SUSMILCH (1983) “Community Factors in the Brokerage of Consumer Product and Service Problems.” Working Paper #1983-14, Disputes Processing Research Program, University of Wisconsin, Madison.Google Scholar
LADINSKY, Jack (1980) “The Processing of Consumer Disputes in a Metropolitan Setting.” Presented at Midwest Political Science Association meetings, April 25, Chicago.Google Scholar
LEMPERT, Richard O. (1976) “Mobilizing Private Law: An Introductory Essay,” 11 Law & Society Review 173.Google Scholar
MACAULAY, Stewart (1963) “Non-contractual Relations in Business: A Preliminary Study,” 28 American Sociological Review 55.Google Scholar
MATHER, Lynn, and Barbara, YNGVESSON (1979) “Language, Audience and the Transformation of Disputes,” 15 Law & Society Review 775.Google Scholar
MERRY, Sally Engel (1979) “Going To Court: Strategies of Dispute Management in an American Urban Neighborhood,” 13 Law & Society Review 891.Google Scholar
MERRY, Sally Engel, and Susan S., SILBEY (1984) “What Do Plaintiffs Want? Reexamining the Concept of Dispute,” 9 Justice System Journal, 151.Google Scholar
MILLER, Richard E., and Austin, SARAT (1980–81) “Grievances, Claims, and Disputes: Assessing the Adversary Culture,” 15 Law & Society Review 525.Google Scholar
NADER, Laura, and Linda R., SINGER (1976) “Dispute Resolution in the Future: What Are the Choices?” 51 California State Bar Journal 281.Google Scholar
PARSONS, Talcott (1951) The Social System. New York: Free Press.Google Scholar
SARAT, Austin and William L. F., FELSTINER (1986) “Law and Strategy in the Divorce Lawyer's Office,” 20 Law & Society Review 93.Google Scholar
SILBERMAN, Matthew (1985) The Civil Justice Process: A Sequential Model of the Mobilization of Law. Orlando, FL: Academic Press.Google Scholar
SILBERMAN, Matthew (1977) “Law as Process: A Value-added Model of the Mobilization of Law.” Presented at the 72d Annual Meeting of the American Sociological Association, September 5–9.Google Scholar
STEELE, Eric H. (1977) “Two Approaches to Contemporary Dispute Behavior and Consumer Problems,” 11 Law & Society Review 667.Google Scholar
THOMAS-BUCKLE, Suzanne R., and Leonard G., BUCKLE (1982) “Doing Unto Others: Disputes and Dispute Processing in an Urban American Neighborhood.” Pp. 78–90 in Tomasic, Roman and Feeley, Malcolm M. (eds.), Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
U.S. General Accounting Office (1987) “Medical Malpractice: Characteristics of Claims Closed in 1984,” Report to Congressional Requesters (April). Washington, DC: Government Printing Office.Google Scholar
UPHAM, Frank (1987) Law and Social Change in Postwar Japan. Cambridge, MA: Harvard University Press.Google Scholar
YNGVESSON, Barbara (1984) “Disputes, Continuing Relations and the Law.” Prepared for conference on Law, Private Governance, and Continuing Relationships, University of Wisconsin Law School, Madison (September).Google Scholar