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Re: Net Malpractice Payouts Stayed Flat, Net Premiums Increased 120%From: art fougner, md (evsono@pipeline.com)Fri Jul 8 07:40:30 2005
FYI National data show that claim severity has been increasing. The Public Citizen report claims that median jury verdicts increased from just over $200,000 in 1997 to $265,000 in 2004—a 32.5 percent total increase or 4 percent per year (Figure 4). Data from the Physician Insurers Association of America (PIAA) directly contradict this. According to PIAA, the median jury award in medical liability cases nearly doubled—a 91 percent increase—from 1997 to 2003, increasing from $157,000 to $300,000. This is an 11 percent per year increase in contrast to the 4 percent claimed by Public Citizen. PIAA data show that the growth in settlements has mirrored that of jury awards. Median settlements increased from $100,000 to $200,000 between 1997 and 2003, a 100 percent total increase or 12 percent per year. Public Citizen claims that only 1 percent of payments in 2004 were $1 million or larger. Again, PIAA data argue this point. From PIAA, the (2003) percentage was 8.1 percent—eight times the amount claimed by Public Citizen. Moreover, PIAA data suggest this has been increasing over time. The 8 percent of paid claims account for nearly 30 percent of 2003 total payouts. The same PIAA data also show the high costs physicians and their insurers pay to defend against meritless claims. Average defense costs were $87,720 per claim in cases where the defendant prevailed at trial. For claims that were dropped, withdrawn, or dismissed, costs to defendants averaged $17,408. Public Citizen also underestimates the upward trend in the total value of payouts. Public Citizen claims that the total value of payouts increased from just over $3 billion in 1997 to $4.2 billion in 2004, an increase of about 4 percent per year. Data from AM Best Aggregate and Average show that total industry losses (medical liability) have increased from $2.6 billion in 1997 to $6.5 billion in 2003, a 16% increase per year. According to a study by Tillinghast, there were increases in medical liability payouts and associated legal costs of about 12 percent each year from 1975 to 2003, outpacing increases in overall U.S. tort costs (9.4%). In a broader context, Tillinghast has reported that U.S. tort costs grew by 13.3% in 2002, and 14.4% in 2001. That growth far outpaced trends of the past decade. In 2003, the U.S. General Accounting Office (GAO) released a report saying that, since 1999, medical liability premiums escalated in some states and medical specialties, and that losses on medical liability claims were the primary driver. A 2004 study by the National Association of Insurance Commissioners (NAIC) found that the primary driver of medical liability premium increases was payouts. References: Physician Insurers Association of America, Claim Trend Analysis: 2003 Ed. (2004). Best’s Aggregates and Averages Property/Casualty, 2004 Ed. (2004). Tillinghast-Towers Perrin, U.S. Tort Costs: 2004 Update: Trends and Findings on the Cost of the U.S. Tort System (2004). U.S. General Accounting Office, Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates, GAO-03- 702 (2003). Also see, GAO-03-836. Medical Malpractice Insurance Report: A Study of Market Conditions and Potential Solutions to the Recent Crisis, Presented to the NAIC’s Property and Casualty Committee, September 12, 2004. And so it goes ... art
At Thu, 7 Jul 2005, Anna Meenan, MD wrote:
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-- art fougner, md
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