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American Association for Justice
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New Data Shows Tort Law Changes Won’t Reduce Malpractice Premiums

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Analysis of just-released liability data supports what AAJ has been saying all along—tort reform does not reduce the costs of malpractice insurance.

Despite what insurance companies have claimed, tort law changes won’t lower physicians’ premiums. In fact, the data shows that either there is no difference in rates between cap and non-cap states, or physicians in cap states pay higher premiums.

The data shows:

  • Average liability premiums across internists, general surgeons and OB/Gyns are nearly identical for states with or without caps.
  • Average liability premiums for OB/Gyns are nearly identical for states with or without caps.
  • Average liability premiums for general surgeons are 9.3% higher in states with caps.
  • Average liability premiums for internal medicine are 9.9% higher in states with caps.

Obviously this information comes at an important time in the health care debate. It is essential for lawmakers to look at the facts as they craft new health care legislation. It’s clear insurance companies are fleecing doctors, then also trying to limit the rights of injured patients.

To see the new malpractice insurance data, visit www.justice.org/clips/premiums2009.pdf.

AAJ has created a series of reports examining the role of medical negligence in the health care debate. Visit www.justice.org/medicalnegligence to learn more (the reports can be found on the right-hand side of the page).