Question: Why are there so many medical malpractice lawsuits?
From: Carla C.-B. of Virginia Beach, VA
Answer: As defined by several sources, medical malpractice (aka tort) is “an act or omission by a healthcare provider which deviates from the accepted standards of practice in the medical community and which causes injury to the patient” (physical and/or emotional). Criteria for medical malpractice include all of the following: a duty was owed, duty was breached, the breach caused injury, and there was loss or harm. Without loss, there is no malpractice, even if there was negligence. Interestingly enough, the number of medical malpractice lawsuits has declined during the 1990’s and since. One site, medicalmalpractice.com, reports that fewer than ½ of 1% of the country’s physicians face serious state sanctions annually. In 1995, there were 90,212 claims. The number in 2000 was 86,480. It also reports that about 98,000 patients die each year due to medical errors. Some studies have shown, however, that only a small number of people (between 2% - 5%) that have experienced wrongful injuries file medical malpractice lawsuits. The Public Citizen’s analysis of National Practitioner Data Bank (NPDB) data, between 1991 and 2005, showed that the total number of malpractice payments made on behalf of doctors declined 15.4%. Public Citizen’s analysis also found that between 1991 and 2005, the number of malpractice payments per 100,000 Americans dropped more than ten percent. According to the Center for Justice & Democracy, medical malpractice payouts are less than one percent of total U.S. health care costs. Many states have adopted tort reform measures to contain the number of claims and the awards being paid. Many hospitals are also aggressively working on risk management.