The Truth About Tort Reform

You may have seen articles and news storiesWashington State's Medical Malpractice "Crisis")
claiming that "runaway jury awards" and "greedyinclude:
trial lawyers" are causing medical malpractice* The number of medical malpractice payments
premiums to skyrocket, thereby driving doctorsmade on behalf of Washington doctors declined
out of Washington State. Doctors around the35.6 percent between 1999 and 2004.
state are "demanding" that our two Senators and* There was a 42.2 percent drop in the total
state legislators enact "caps" on jury verdicts tovalue of Washington doctors' medical malpractice
prevent malpractice relates from rising. THESEpayments between 1997 and 2004, when
CLAIMS ARE FALSE.adjusted for medical inflation. The
A number of studies reveal the truth---that capsinflation-adjusted peak in 1997 was $50.7 million,
on damages DO NOT reduce insurance premiums.compared with $29.3 million in 2004. The drop
Caps on damages only restrict the rights ofbetween 2002 and 2004 was 30.6 percent.
patients who have been seriously injured at theThe number of million-dollar payments has declined
hands of a negligent physician. Most insurersfrom a high of 10 in 1997 to two in 2004; jury
continue to increase malpractice premiums at averdicts have remained flat at about 3.2 percent
rapid pase, regardless of damage caps on medicalof all payments since 1991.
malpractice lawsuits.* Rather than providing windfalls to patients with
Over the past year and a half, Texas, Florida,minor injuries, Washington doctors' malpractice
Oklahoma, Ohio, Mississippi and Nevada have triedpayments overwhelmingly benefit those most
to solve their state's insurance problems byseriously injured by doctors. The most serious
limiting injured consumers' right to sue in courtcases account for 84.9 percent of all payments
(so-called "tort reform"). It has failed every time.made, compared to only 15.1 percent of all
The reason is: the causes and solutions topayments for minor injuries.
insurance problems lie with the insurance industry,* The population-adjusted number of malpractice
not the legal system.filings is down 23.1 percent since 1995, dropping
The number and value of medical malpracticefrom 9.41 per 100,000 people in 1995 to 7.24 in
payments made to patients on behalf of2004.
Washington doctors have declined significantly,Malpractice payouts attributable to obstetrics
according to an analysis of federal governmentcases ' doctors say OBs are among the hardest
information released today by the nationalhit by lawsuits ' are down significantly. The
consumer group Public Citizen.number of payments attributable to OB cases fell
Key findings in the Public Citizen report (Fewer25.4 percent between 1994 and 2004, while the
Lawsuits and More Doctors: The Myths ofvalue plummeted by 65.9 percent.