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The Truth About Tort Reform

You may have seen articles and newsThe Myths of Washington State's Medical
stories claiming that "runaway juryMalpractice "Crisis") include:
awards" and "greedy trial lawyers" are* The number of medical malpractice
causing medical malpractice premiums topayments made on behalf of Washington
skyrocket, thereby driving doctors outdoctors declined 35.6 percent between
of Washington State. Doctors around the1999 and 2004.
state are "demanding" that our two* There was a 42.2 percent drop in the
Senators and state legislators enacttotal value of Washington doctors'
"caps" on jury verdicts to preventmedical malpractice payments between
malpractice relates from rising. THESE1997 and 2004, when adjusted for medical
CLAIMS ARE FALSE.inflation. The inflation-adjusted peak
A number of studies reveal thein 1997 was $50.7 million, compared with
truth---that caps on damages DO NOT$29.3 million in 2004. The drop between
reduce insurance premiums. Caps on2002 and 2004 was 30.6 percent.
damages only restrict the rights ofThe number of million-dollar payments
patients who have been seriously injuredhas declined from a high of 10 in 1997
at the hands of a negligent physician.to two in 2004; jury verdicts have
Most insurers continue to increaseremained flat at about 3.2 percent of
malpractice premiums at a rapid pase,all payments since 1991.
regardless of damage caps on medical* Rather than providing windfalls to
malpractice lawsuits.patients with minor injuries, Washington
Over the past year and a half, Texas,doctors' malpractice payments
Florida, Oklahoma, Ohio, Mississippi andoverwhelmingly benefit those most
Nevada have tried to solve their state'sseriously injured by doctors. The most
insurance problems by limiting injuredserious cases account for 84.9 percent
consumers' right to sue in courtof all payments made, compared to only
(so-called "tort reform"). It has failed15.1 percent of all payments for minor
every time. The reason is: the causesinjuries.
and solutions to insurance problems lie* The population-adjusted number of
with the insurance industry, not themalpractice filings is down 23.1 percent
legal system.since 1995, dropping from 9.41 per
The number and value of medical100,000 people in 1995 to 7.24 in 2004.
malpractice payments made to patients onMalpractice payouts attributable to
behalf of Washington doctors haveobstetrics cases ' doctors say OBs are
declined significantly, according to anamong the hardest hit by lawsuits ' are
analysis of federal governmentdown significantly. The number of
information released today by thepayments attributable to OB cases fell
national consumer group Public Citizen.25.4 percent between 1994 and 2004,
Key findings in the Public Citizenwhile the value plummeted by 65.9
report (Fewer Lawsuits and More Doctors:percent.



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