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The Truth About Tort Reform

You may have seen articles and news stories"Crisis")  include:
claiming that "runaway jury awards" and
"greedy trial lawyers" are causing medical* The number of medical malpractice payments
malpractice premiums to skyrocket, therebymade on behalf of Washington doctors declined
driving doctors out of Washington State.35.6  percent  between  1999  and  2004.
Doctors around the state are "demanding" that
our two Senators and state legislators enact* There was a 42.2 percent drop in the total
"caps" on jury verdicts to preventvalue of Washington doctors' medical
malpractice relates from rising. THESE CLAIMSmalpractice payments between 1997 and 2004,
ARE  FALSE.when adjusted for medical inflation. The
inflation-adjusted peak in 1997 was $50.7
A number of studies reveal the truth---thatmillion, compared with $29.3 million in 2004.
caps on damages DO NOT reduce insuranceThe drop between 2002 and 2004 was 30.6
premiums. Caps on damages only restrict thepercent.
rights of patients who have been seriously
injured at the hands of a negligentThe number of million-dollar payments has
physician. Most insurers continue to increasedeclined from a high of 10 in 1997 to two in
malpractice premiums at a rapid pase,2004; jury verdicts have remained flat at
regardless of damage caps on medicalabout 3.2 percent of all payments since 1991.
malpractice  lawsuits.
* Rather than providing windfalls to
Over the past year and a half, Texas,patients with minor injuries, Washington
Florida, Oklahoma, Ohio, Mississippi anddoctors' malpractice payments overwhelmingly
Nevada have tried to solve their state'sbenefit those most seriously injured by
insurance problems by limiting injureddoctors. The most serious cases account for
consumers' right to sue in court (so-called84.9 percent of all payments made, compared
"tort reform"). It has failed every time. Theto only 15.1 percent of all payments for
reason is: the causes and solutions tominor  injuries.
insurance problems lie with the insurance
industry,  not  the  legal  system.* The population-adjusted number of
malpractice filings is down 23.1 percent
The number and value of medical malpracticesince 1995, dropping from 9.41 per 100,000
payments made to patients on behalf ofpeople  in  1995  to  7.24  in  2004.
Washington doctors have declined
significantly, according to an analysis ofMalpractice payouts attributable to
federal government information released todayobstetrics cases ' doctors say OBs are among
by the national consumer group Publicthe hardest hit by lawsuits ' are down
Citizen.significantly. The number of payments
attributable to OB cases fell 25.4 percent
Key findings in the Public Citizen reportbetween 1994 and 2004, while the value
(Fewer Lawsuits and More Doctors: The Mythsplummeted by 65.9 percent.
of Washington State's Medical Malpractice



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