Consumers for Civil Justice - Implications of Rising Premiums on Access to Health Care

Implications of Rising Premiums on Access to Health Care

The recent rising cost of medical malpractice insurance premiums in many states has reportedly influenced some physicians to move or close practices, reduce high-risk services, or alter their practices to preclude potential lawsuits known as defensive medicine practices). States have revised tort laws under which malpractice lawsuits are litigated to help constrain malpractice premium and claims costs. Some of these tort reform laws include caps on monetary penalties for noneconomic harm, such as for plaintiffs' pain and suffering. Congress is considering legislation similar to some states' tort reform laws.

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Total payments for malpractice judgments have fallen 24.5 percent, from $299.6 million in 2000 to $226.2 million in 2004.
The median payment resulting from a judgment appears to have risen, from $230,000 in 2000 to $265,000 in 2004.
The total number of judgments against physicians dropped 31.9 percent between 2000 and 2004, from 670 to 456.
The number of malpractice judgments against physicians, adjusted for population growth, has fallen 34.6 percent since 2000.