THE MYTH OF THE MEDICAL MALPRACTICE CLAIMS CRISIS
July 7, 2005 07:42

New research published in the latest issue of Journal of Empirical Legal Studies examines Texas medical malpractice claims and finds no tort crisis. Instead, the study's authors find that, over a 15-year period, the system was largely stable and generated few significant changes in claim frequencies, payments, or jury verdicts. "Average payments on medical malpractice claims rose because small claims were squeezed out of the system over time, not because payments on larger claims increased," the authors explain. The authors used a comprehensive database of insured closed claims maintained by the Texas Department of Insurance since 1988. The data presented a picture of stability in most respects and only moderate change in others. Their research also revealed a weak connection between claims -related costs and short-to-medium fluctuations in insurance premiums. "Our hope is that better understanding of the claims process will lead to reforms that address real shortcomings in the malpractice litigation and claims payment systems, rather than respond to anecdotes or the rhetoric of crisis" the authors Bernard Black, Charles Silver, David A. Hyman and William M. Sage conclude. Medical News Today, 07/07/2005