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April 22, 1905

Malpractice Insurance and Medical Defense.

JAMA. 1905;XLIV(16):1296. doi:10.1001/jama.1905.02500430060017

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Fort Wayne, Ind., April 11, 1905.

To the Editor:  —In The Journal, April 1, 1905, is an editorial commenting on the recent opinion of Attorney-General Mullan of Iowa in which he held that "physicians can not take out insurance in that state against malpractice suits." You state that "considering the fact that probably nine-tenths of all malpractice suits are pure blackmail, instigated by quacks and foraging lawyers, the finding seems to be a peculiar one." The opinion does not seem to us a peculiar one. It is the only rational opinion which could have been rendered, and but confirms the opinions of attorneys general of a number of other states.The "physicians' liability policies" issued by casualty insurance companies purport to defend any malpractice suit brought against the policy holder, and in the event of a judgment being rendered against the physician, to pay the same within the limits provided

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