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Efforts to Reduce Med-Mal Litigation

BY Linda S. Crawford
July 30, 2012

Physicians and other health care providers continue to be worried about being sued, even in states that have enacted “tort reform.” These fears are not unrealistic. Even though a small percentage of all lawsuits being filed are medical malpractice actions, the vast majority of physicians in this country can still expect to be sued during their careers.

Surveying the Numbers

The Physician Insurers Association of America (PIAA) represents provider-owned medical malpractice insurance companies with data collection participation that represents about 25% of all medical malpractice claims in the U.S. Carroll, Aaron et. al., “The Impact of Defense Expenses in Medical Malpractice Claims,” The Graying of America: Challenges and Controversies, J Law, Medicine & Ethics, Vol. 40, Issue 1, Spring 2012. This subset of data paints a broader picture of what is happening across the country. Between 1985 and 2010 there were approximately 256,225 closed claims reported to the PIAA data-sharing project, which, if consistent with the larger claims population, would equate to some 1,024,900 medical malpractice claims nationwide. Id. At 137. If we average that out, it comes to over 40,000 claims filed a year.

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