|
You may have heard a number of myths about medical malpractice and the civil justice system. Here are the facts:
MYTH: Debate over malpractice compensation is just about frivolous lawsuits.
FACT: The proposed limits on damages would apply to ALL CASES, no matter how serious the injury or how egregious the malpractice by the doctor, hospital, nursing home or drug manufacturer.
MYTH: Medical malpractice claims are driving up the cost of health care for everyone.
FACT: The Congressional Budget Office (CBO) reports that all costs related to medical malpractice account for less than 2% of total health care costs. (1)
MYTH: We need caps on damages to reduce doctors' malpractice insurance premiums.
FACT: Premiums in states with caps are an average of 12.4% higher than in states without caps (2) – and insurers admit caps won't reduce insurance rates. (3)
MYTH: Fear of being sued forces doctors to practice defensive medicine.
FACT: The General Accounting Office (GAO) says the evidence that defensive medicine occurs is "weak and inconclusive." (4) And the Congressional Budget Office (CBO) says "savings from reducing defensive medicine would be very small." (5)
MYTH: Insurance costs are forcing doctors out of business and reducing access to care.
FACT: In 2004, the number of physicians practicing in the United Sates increased by 13,439, to a record total of 884,974. Today, there are more than twice as many physicians as there were 30 years ago. (6) And the GAO says the evidence of reduced access to care is unsubstantiated and anecdotal at best. (7)
-
Malpractice costs amounted to "less than 2 percent of overall health care spending. Thus, even a reduction of 25 percent to 30 percent in malpractice costs would lower health care costs by only about 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small." [Congressional Budget Office, "Limiting Tort Liability for Medical Malpractice," 1/08/04]
-
Derived from data provided by Medical Liability Monitor, 10/05
-
GE Medical Protective, the nation's largest medical malpractice insurer, now admits that caps on compensation for non-economic losses in lawsuits will not lower doctors' malpractice insurance premiums [Texas Department of Insurance document, atla.org]; Dennis Kelly, American Insurance Association spokesman said "We have not promised price reductions with tort reform" [Chicago Tribune, 1/03/05]
-
General Accounting Office, "Medical Malpractice: Implications of Rising Premiums on Access to Health Care," GAO-03-836, 8/29/03, gao.gov
-
Congressional Budget Office, "Limiting Tort Liability for Malpractice," 1/8/04, atla.org
- AMA, "Physician Characteristics and Distribution 2006"
-
General Accounting Office, "Medical Malpractice: Implications of Rising Premiums on Access to Health Care," GAO-03-836, 8/29/03, gao.gov
|
