History of Medical Malpractice Lawsuits in America

The history of medical malpractice lawsuits in America dates back into the 19^th century. Prior to the early 1800's, medical malpractice was almost unknown in the United States. However, a large number of malpractice lawsuits inundated the courts between 1835 and 1865. Most of these medical malpractice lawsuits were based over joints mistreatment and about 70 to 90 percent of the litigation involved fractures and dislocations with imperfect results or deformities such as shortened or crooked limbs.

Attorneys at law of that time alleged that the physicians did not provide due proper care, skill and diligence despite the fact that the better surgeons tried to save limbs rather than follow the common practice of amputation, especially for compound fractures. While a number of texts dealt with medical jurisprudence, it was not until 1860 that a text on the subject intensively delved into the issue of medical malpractice. 

Coincidentally, the attitudes and behaviors of patients, lawyers, physicians and judges during the first medical malpractice crisis were surprisingly similar to those currently held. Baseless medical malpractice lawsuits are getting all too often at an alarming level hence wasting valuable time, resources plus hindrance to medical professionals careers.