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Tort Reform - June 2005
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Study Suggests Large Jury Awards Not the Key to Malpractice Growth

A study published in Health Affairs entitled, "The Growth of Physician Medical Malpractice Payments: Evidence From The National Practitioner Data Bank," found that the average malpractice payment amount increased 52% between 1991 and 2003 (or 4% per year). This increase is proportional to the increase in healthcare spending. The study noted that only a small percentage of malpractice cases are resolved at trial, with settlements accounting for 96% of all malpractice payments. The study found the growth of the top 10% of payments to be smaller than that of the average payment. According to the study's authors, this finding suggests that large jury awards "have not been key drivers of malpractice growth."

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