Medical Malpractice Insurance

Medical Malpractice Insurance

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Medical Malpractice Insurance

Medical malpractice insurance costs have been the topic of debate in recent times as legal and medical pundits have grappled with how to solve the problem of increasingly high medical malpractice insurance premiums. Many doctors, insurers, and Republicans argue that high insurance rates are forcing doctors to stop practicing or move out of states where medical malpractice insurance is high. These groups also claim that medical malpractice lawsuits are on the rise and that “frivolous” lawsuits cause increases in medical malpractice insurance premiums.

All of the above arguments place the blame for high medical malpractice insurance premiums on the high incidence of lawsuits. When more closely scrutinizing the numbers, however, these claims appear to be misleading. It has been estimated that 80,000 people die each year partly as a result of medical malpractice. Research indicates that of those people injured as a result of medical malpractice, only two to five percent file lawsuits against their practitioners. The number of medical malpractice lawsuits (also know as tort lawsuits) has steadily decreased since 1992, and the mean average of money awarded to victims dropped thirty percent between 2000 and 2002.

Despite this evidence, many people continue to blame medical malpractice lawsuits on the increasing amounts of money awarded to victims of medical malpractice. Many individuals involved in this debate focus on caps for non-economic damages. Non-economic damages are often the largest and most unpredictably estimated portion of an award because it is the intangible and subjective portion of the medical malpractice lawsuit. Non-economic rewards include compensation for pain and suffering, permanent disfigurement, and the loss of companionship associated with the injury.

There are several alternative solutions to high medical malpractice insurance premiums besides placing caps on “pain and suffering” awards that do not restrict the rights of victims in medical malpractice lawsuits. Some states have begun offering subsidies to insurance providers so that they can offer more affordable medical malpractice insurance. Doctors are also starting to form their own insurance associations with a greater degree of price control. Patient safety systems have also been enacted to provide stricter screening of health care professionals as a means of potentially avoiding medical malpractice.

The issue of high medical malpractice insurance premiums is a legitimate concern within the health care system, though the issue will not be easily solved by restricting the amount of money an injured party can collect for their injuries. The suffering of injured victims of medical malpractice will be compounded if these limits are placed on the amount of money they are able to receive for their injuries. Groups that are critical of placing caps on awards for damages in medical malpractice lawsuits argue that these restrictions have not lowered insurance premiums.

Related Resources

Public Citizen - Medical Malpractice Crisis In Texas

Insurance Information Institute - Hot Topics- Medical Malpractice

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