Myth and Reality: The Threat of Medical Malpractice Claims by Low Income Women

Abstract

Physician reluctance to treat poor and minority women is often attributed to three factors-rate of reimbursement, health status of the patient and perception of increased malpractice liability'-which intertwine in a vicious cycle that contributes to the exclusion of low income and minority women from health care. The prospect and reality of insufficient or non-existent reimbursement for provider services produces an unwillingness to accept poor or poorly insured patients. This reluctance is reinforced by rising medical malpractice premiums' and the perception that the reduced rate of reimbursement received for low income patients does not justify the increased risk of malpractice liability. 3 The belief that the poor are likely to sue is a misperception that urgently needs to be corrected. Many physicians view low income patients as more litigious4 than middle cia~; or wealthy patients, despite mounting evidence to the contrary. 5 In fact, over the last few years providers have successfully argued before state legislatures that they should be immunized from liability for damages for injury or death resulting from negligence when Karen H. Rothenberg