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The Truth About Tort Reform

You may have seen articles and news Myths of Washington State's Medical
stories claiming that "runaway jury Malpractice "Crisis") include:
awards" and "greedy trial lawyers" are * The number of medical malpractice
causing medical malpractice premiums to payments made on behalf of Washington
skyrocket, thereby driving doctors out of doctors declined 35.6 percent between
Washington State. Doctors around the 1999 and 2004.
state are "demanding" that our two * There was a 42.2 percent drop in the
Senators and state legislators enact total value of Washington doctors'
"caps" on jury verdicts to prevent medical malpractice payments between 1997
malpractice relates from rising. THESE and 2004, when adjusted for medical
CLAIMS ARE FALSE. inflation. The inflation-adjusted peak in
A number of studies reveal the 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 on 2002 and 2004 was 30.6 percent.
damages only restrict the rights of The number of million-dollar payments has
patients who have been seriously injured declined from a high of 10 in 1997 to two
at the hands of a negligent physician. in 2004; jury verdicts have remained flat
Most insurers continue to increase at about 3.2 percent of all payments
malpractice premiums at a rapid pase, 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 and overwhelmingly benefit those most
Nevada have tried to solve their state's seriously injured by doctors. The most
insurance problems by limiting injured serious cases account for 84.9 percent of
consumers' right to sue in court all payments made, compared to only 15.1
(so-called "tort reform"). It has failed percent of all payments for minor
every time. The reason is: the causes and injuries.
solutions to insurance problems lie with * The population-adjusted number of
the insurance industry, not the legal malpractice filings is down 23.1 percent
system. since 1995, dropping from 9.41 per
The number and value of medical 100,000 people in 1995 to 7.24 in 2004.
malpractice payments made to patients on Malpractice payouts attributable to
behalf of Washington doctors have obstetrics cases ' doctors say OBs are
declined significantly, according to an among the hardest hit by lawsuits ' are
analysis of federal government down significantly. The number of
information released today by the payments attributable to OB cases fell
national consumer group Public Citizen. 25.4 percent between 1994 and 2004, while
Key findings in the Public Citizen report the value plummeted by 65.9 percent.
(Fewer Lawsuits and More Doctors: The




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