Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts
A notion widely accepted by the public is that medical malpractice awards have been rising dramatically in the United States, driving up the cost of healthcare and forcing physicians out of practice. This impression has been fostered by physician organizations, the hospital and insurance industries, and other groups favoring "tort reform" as a rationale for imposing legislative caps on medical malpractice verdicts.
This report examines the existing data abaout medical malpractice awards and the data sources. It discusses obstacles to understanding what is truly happening with regard to medical malpractice awards. It discusses why present data sources are inadequate for determining the veracity of this postulate, adn reveals that there are numerous reasons to suspect it is false. The report also make the case that improved data are needed as a basis for rational policy decisions, and proposes options for obtaining those data.
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