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Issue 10: May 2006

Medical Malpractice: Impact of the Crisis and Effect of State Tort Reforms

Many U.S. states are now in their fifth year of a medical malpractice “crisis”, a period of volatility in the malpractice insurance market characterized by above average increases in premiums, contractions in the supply of insurance and deterioration in the financial health of carriers.

Improving insurer financial ratios suggest that the malpractice crisis is now abating in some states, but malpractice crises are a recurring problem. Over the last 30 years there have been three periods of rapidly rising premiums, each sparking policy-maker concerns about affordability and accessibility of coverage and the effectiveness of policy solutions. States have enacted a variety of reforms to prevent or temper malpractice crises, but there is a paucity of reliable information available to policy-makers about the effects of these reforms and the impact of the malpractice crisis on health care delivery.

Some Key Questions Addressed in This Issue:

  • How does a volatile malpractice environment affect health care delivery?
  • What has been the impact of state tort reforms on premiums, claims frequency, claims payouts and physician supply?

This Synthesis Report is one in a series addressing medical malpractice insurance issues. The series also includes a Primer, which describes how medical malpractice insurance works and the causes of malpractice crises, and a Policy Brief, which summarizes the findings of this Synthesis Report.

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