The Truth About The Malpractice "Crisis"
Attorney
(866) 735-1102 Ext 645
Medical malpractice insurance companies have for years mounted a publicitycampaign in an effort to falsely convince the public that there is a "crisis" with respect to medical malpractice claims. The insurance companies would have you believe that doctors are leaving North Carolina or closing their practices because large settlements are being obtained through these lawsuits.
Medical malpractice insurance companies have for years mounted a publicitycampaign in an effort to falsely convince the public that there is a "crisis" with respect to medical malpractice claims. The insurance companies would have you believe that doctors are leaving North Carolina or closing their practices because large settlements are being obtained through these lawsuits.
The North Carolina Administrative Office of the Courts began in January of 1998 to compile data on all filings of medical malpractice lawsuits and to record the date each case was resolved and whether the case went to trial. The data compiled by the North Carolina Administrative Office of the Courts indicates that there is no medical malpractice "crisis" and that the alleged facts claimed by the insurance companies are just plain false. Among the statistics compiled by the North Carolina Administrative Office of the Courts are the following:
• While the number of medical malpractice suits has declined, the growth in physician population in North Carolina continues to out pace the growth in population. Between 1998 and 2004 the total population in North Carolina grew by 9.5%, while the physician population increased by 14.6%.
• From 1998 through 2005 the total number of all civil case filings in North Carolina averaged 213,016 per year. The medical malpractice filings accounted for 0.3% of all civil cases filed.
• From 1998 through 2005 North Carolinians filed an average of 611 medical malpractice lawsuits per year, a small fraction of the number of patients harmed each year by medical mistakes.
• In 2005, North Carolinians filed 568 malpractice lawsuits - an 8% decrease from 2004 and a 12% decrease from 2003.
• Of the 4,891 malpractice cases filed since 1998, 83% (4,056) had been resolved by January 1, 2006.
• Three percent (135) of the resolved cases went to verdict. The other 97% were settled, dismissed before or during trial, or otherwise resolved.
• Of 135 cases that went to verdict, the patients won 28 times (a success rate of only 20.7%). In the other 107 trials the doctors won.
• In the 28 malpractice cases in which the plaintiff won at trial and obtained a verdict on damages, the median jury award was $300,000.00.
• Of the 28 cases in which damages were awarded, the verdict exceeded $1 Million only four (4) times - twice in 2001, once in 2003 and once in 2004.
• In the malpractice cases which were tried from July 1, 2004 through December 31, 2005 juries ruled for the doctors 21 times and for the patients 3 times. In the 3 cases in which the patients won, the average jury verdict was $143,333.00.
As can be seen from the raw data, there is no medical malpractice crisis in North Carolina. There are no outrageous malpractice verdicts in North Carolina. There are only four (4) verdicts in excess of $1 Million since 1998. The statistics also show that juries do not treat medical doctors unfairly at trial. On the contrary, juries find in favor of the doctors 79.3% of the time.
Certainly, there is no evidence of run away verdicts in North Carolina.
Insurance companies claim that medical doctors should not be subject to account for their negligence in court the same as professional truck drivers and ordinary citizens. When considering such an argument, ask yourselves why any one group of citizens in North Carolina should be immune from the law that applies to all other citizens.
Our civil justice system has served our citizens well for hundreds of years. There is no reason to change the law to serve any certain special interest group. Certainly it is important for the citizens of North Carolina to be protected against negligence of all citizens, medical doctors, lawyers or anyone else. The cost of litigation is a small price to pay for the protection we have as citizens in knowing that all persons are accountable for their conduct and must take responsibility when, through their negligence, harm is done to another citizen.