The focus should be on reducing the number of medical errors. Currently in the United States, there are about 98,000 deaths per year due to medical error.

“We have an epidemic of medical malpractice, not of malpractice lawsuits.” ~ Tom Baker, University of Pennsylvania law professor

“The major problem out there is medical errors that are not compensated, rather than frivolous claims that are compensated.” ~ William Sage, University of Texas at Austin Vice Provost for Health Affairs

The Minnesota Model

The nation should look to the state of Minnesota for ideas on how to combat rising medical costs. From 1997 to 2008, according to the Minnesota Supreme Court statistics, medical malpractice lawsuit filings went down 45%. In 2007 alone, out of 1.9 million cases filed; only 114 were medical malpractice suits.

There are a number of reasons for the amazing statistics in Minnesota. They include:

• Minnesota has proficient, conscientious physicians.
• Minnesota has excellent clinics and hospitals.
• Minnesota state lawmakers have enacted a statutory affidavit rule. This requires plaintiff attorneys to certify that they have sound medical support before they file any medical malpractice lawsuit.
• Minnesota juries tend to be reasonable.
• Minnesota judges have the power to reduce any verdict deemed excessive.

The system is working in Minnesota and the benefits filter down. Minnesota doctors pay a fraction of what doctors in other states pay for malpractice insurance. (Minnesota has the lowest malpractice premiums in the entire U.S.) In Minnesota, the annual average percentage of growth in health care expenditures is 8.6%, only 14 states have a lower percentage rate.

Medical malpractice reform will not save one life. We need to work to prevent injuries. We need to find ways to improve patient care and safety. We need to penalize those who don’t.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Minneapolis, St. Paul, and the state of Minnesota. Our partners have been named Minnesota Super Lawyers over many years. Additionally, they are on the Board of Governors of Minnesota Association for Justice and frequent speakers on litigation and personal injury law. For more information, call 612-362-0000 or submit our free consultation form.

• defensive medicine
• frivolous lawsuits
• high malpractice insurance premiums driving doctors out of business

The Truth of the Matter:

Defensive Medicine Does Not Increase Health Care Costs

A 2004 report from the Congressional Budget Office (CBO), reviewed studies claiming tort reform reduced health care costs. The CBO proceeded to conduct their own analysis, finding no evidence that restrictions on tort liability reduced medical spending. Their analysis also found no difference in health care spending per capita between states with or without limits on malpractice awards. Another study concluded that there was not a significant reduction in payments for Medicare-covered services in states that adopted tort reform.

Frivolous Lawsuits Are Not Responsible for Increased Costs

A 2006 study by researchers from the Harvard School of Public Health and Brigham and Women’s Hospital debunks the view that frivolous litigation is widespread and expensive. The authors reviewed 1,452 closed claims from five malpractice insurance companies across the U.S. Their findings appeared in the May 11, 2006 issue of The New England Journal of Medicine.

• The reviewers found that nearly all the claims involved a treatment-related injury.
• More than 90% involved a physical injury, which was usually severe (80% resulted in significant or major disability, 26% resulted in death).
• The reviewers deemed that 63% of the injuries were due to error.
• Out of the remaining 37%, though they lacked evidence of error some were close calls.
• Nearly three-fourths of the claims (72%) that did not involve error did not receive compensation.
• Among claims that involved medical error, 73% received compensation.

“Overall, the malpractice system appears to be getting it right about three quarters of the time,” said lead author David Studdert. According to the CBO, the frequency of malpractice suits per capita, nationally, were static at approximately 15 claims per 100 physicians per year for a 10 year period, from mid-1990s through the mid-2000s. A similar report from the National Center for State Courts, shows that the number of cases actually decreased by 8% between 1996 – 2006. This does not support the claim of rampant increase in “frivolous lawsuits”.

Doctors Are Not Leaving Practice Because of Insurance Premiums

According to data compiled by the AMA, the number of practicing physicians has been rising steadily for decades in the U.S. Furthermore, the number of physicians increased faster than the population growth in 46 states. In the remaining four states where the number of physicians increased slower than the population growth, these states have medical malpractice caps.

In closing, statistics DO NOT support tort reform. Tort reformers fail to see that medical malpractice reform will not saves lives. It is up to the insurers, doctors, and the medical industry to find ways to improve patient safety through more stringent protocols and accountability.

This information is provided as a service of TSR Injury Law, a leading personal injury law firm serving Minneapolis, St. Paul, and the state of Minnesota. Our partners have decades of experience handling complex medical cases, including traumatic brain injuries, spinal injuries, and medical malpractice cases. Call 612-362-0000 to schedule a free consultation or submit our contact form.