Auto-SummaryThe post discusses the impact of the tort system on medical malpractice insurance costs and the prevalence of frivolous lawsuits. It argues that large jury awards only account for a small percentage of malpractice claims and that settlements are a more significant factor in rising insurance premiums. The author cites various studies and statistics to support their claim that less than 2% of malpractice claims result in a winning verdict at trial, and that the majority of cases are settled to avoid costly litigation. The post also touches on the rising costs of malpractice insurance for specific specialties and the limited savings from capping pain and suffering awards. Overall, the author concludes that frivolous lawsuits are not significantly affecting healthcare costs and that the issue should be addressed through reforming the tort system.
FrenchSocialist said:
zappaisgod said: Reform the ludicrous tort system whereby malpractice insurance companies find it expedient to settle for hundreds of thousands rather than risk a trial before bleeding heart retards who will almost always find for and award huge judgments to any poor unfortunate schmuck regardless of culpability. A disgusting percentage of medical procedures are performed to avoid lawsuits and for no other reason.
Your claim that frivolous lawsuits are significantly effecting the cost of health care is exaggerated, and your method for dealing with it are unrealistic:
Quote: Large jury awards play a limited role in causing premiums to rise, despite allegations that greedy trial lawyers and frivolous claims are to blame. Less than 2% of malpractice claims result in a winning verdict at trial, according to insurance industry estimates.
That's because they settleQuote: http://www.usatoday.com/news/nation/2003-03-04-malpractice-cover_x.htm
Quote: * How much of a doctor's revenue goes to malpractice insurance? A March 2002 government report by MedPAC, a congressional advisory commission, says doctors, on average, were expected to spend 3.2% of their revenue on malpractice insurance last year. That compares with 12.4% for staff salaries, 11.6% for office expenses and 1.9% for medical equipment. Calculations based on two surveys published by Medical Economics magazine — widely read by physicians — last year show that OB-GYNs paid the most for malpractice insurance, as a percentage of their revenue, 6.7%, and cardiologists paid the least, 1.5%.
Interesting construction there, percent of revenue. I bet that ob gyn income as percent of revenue is less than the insurance. Apples to apples. Well, that's funny, because I found this: Indeed, Jury Verdict Research, of Horsham, Pa., reports that nearly half of all awards in medical malpractice cases topped $1 million in 1999, the most recent period for which data are complete. Simply settling a claim cost an insurer $650,000, up 30 percent in a single year.
And
Obstetricians, neurosurgeons, emergency physicians and other high-risk specialists have absorbed the brunt of the blow. It can cost an ob-gyn in South Florida $209,000 a year to insure for delivery of babies.
And
When his annual malpractice insurance premium pulled neck-and-neck with his yearly income, David Crowder, MD, decided he'd had enough. http://findarticles.com/p/articles/mi_m0843/is_2_28/ai_84236557
Quote: * Why are malpractice insurance costs going up? The problem is two-pronged, according to research by the National Conference of State Legislatures. First, insurers are spending more to pay claims — 33% more from 2000 to 2001. Second, falling interest rates for bonds and stock prices have weakened insurers' investment income, their main source of profit. The Physician Insurers Association of America, the lobbying group for doctor-owned insurance firms, says investment income contributed 47% to its companies' revenue in 1995, but only 31% in 2001.
Which is it? Are claims going up or are they meaningless? I can't tell what point you're trying to make. By the way, this is not a recent trend. It's been going on in an upward trend since I was conscious of it, over 3 decades, regardless of bond returns.Quote: And if anything, more doctors get away with malpractice then they get accused of it:
Quote: The number of malpractice verdicts and settlements over $1 million is way up, according to the Physician Insurers Association of America. About one in 12 paid claims settles for $1 million or more these days vs. one in 50 a decade ago. That's a 400% rise.
But two-thirds of patients who file a claim don't get a dime, the insurance group's statistics show. About 61% of cases are dismissed or dropped; 32% are settled, with average payouts of $300,000, and only 7% go to trial. Patients prevail in only one in five of the cases that are tried — about 1.3% of all claims.
Let me tell you something, if your case gets dismissed, it was bullshit. And whether they get a dime or not doesn't mean it didn't cost the insurance companies money. Research and legal fees for every single one. And then there are the verdicts which you somehow perversely construe to mean that physicians get away with malpractice. No. No. Nobody got away with anything except the lawyers who filed the 20% chance case in the first place, which cost the insurance companies thousands to defend. Imagine, they'll settle anything that has a better than 20% chance of success just to avoid the litigation. Two thirds of malpractice claims are without merit. TWO THIRDS. And of the remaining third most are settled to avoid trial. And you say there's no frivolity involved.Quote: When patients win, the 53 companies in the insurance group pay an average of $500,000, says Larry Smarr, president of Physician Insurers. "It's a lottery for trial lawyers. They don't win often, but when they do, they win big."
I added the bold. In case you missed it.Quote: Doctors and insurers say the lure of the big win prompts many to file frivolous suits. But a 1990 Harvard University study suggested that only one in eight victims of medical negligence ever files a claim. When they do, it's an uphill fight: Lawyers sometimes have trouble finding a local doctor who will testify to a colleague's mistakes, attorneys say, and jurors often are inclined to give a physician the benefit of the doubt.
Wow, I wonder how they figured out who was a victim of malpractice if they didn't file a claim? This would have to be some special kind of study indeed. Meanwhile, the least sentence is utterly at odds with the previous entry re: trial lawyer lotteryQuote: And the amount we would save through limiting law suits is very small compared to the rising cost of health care:
Quote: At the same time, the congressional study reported that caps on pain and suffering awards would translate into very small savings — 0.4% — on overall health insurance premiums for the general public. That's not much, given that consumer health-insurance premiums are rising by about 15% a year.
Which completely ignores the settlement issue. No surprise.
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