Kaiser Family Foundation

Medical Malpractice Policy

Kaiser Family Foundation

Key Data

American Tort Reform Association, ATRA Tort Reform Record, June 2011. This record has a state-by-state summary of the ATRA supported reforms enacted by the states since 1986.



Anupam B, et al. “Malpractice Risk According to Physician Specialty,”  NEJM, August 18, 2011. The authors use statistical modeling to characterized the proportion of physicians facing a malpractice claim in a given year, the proportion of physicians making an indemnity payment, and the size of this payment, as well as estimate the cumulative risk of facing a malpractice claim in various specialties.



Beider P, Hagen S, Limiting Tort Liability for Medical Malpractice, Congressional Budget Office, January 2004.This Economic and Budget Issue Brief discusses the recent increase in medical malpractice premiums, causes for the increases, and potential options to curb further increases.



Hillman R, Allen K, Medical Malpractice Insurance: Multiple Factors Have Contributed to Premium Rate Increases, Testimony before the Subcommittee on Wellness and Human Rights, Committee on Government Reform, House of Representatives, October 2003.GAO staff present the findings of their research on the factors that have contributed to the recent increases in insurance premium rates and the differences in rates among states that have passed different types of tort reform laws.



Hunter B, Stable Losses, Unstable Rates, Americans for Insurance Reform, 2003-2004.This report tracks payouts from medical malpractice cases, controlling for a number of factors, such as medical inflation, interest rates, and investment income.  The report also includes some state-specific data for states that have experienced large growth in premiums.



Kaiser Family Foundation, State Health Facts Online.  This site has state-level tables on number of malpractice claims and payment amounts. 



Marchev M, The Medical Malpractice Insurance Crisis: Opportunity for State Action, National Academy for State Health Policy, July 2002.This report reviews the recent increase in malpractice insurance premiums, compares the situation with earlier increases in premium costs, and highlights state-level policy options.



Medical Liability Insurance: Looming Crisis?, American Hospital Association Trend Watch report, June 2002.This brief reports findings from a survey of hospital executives on the impact of medical liability expenses on hospital activities.  It also compares premium rates between different specialties and differences between states.



National Association of Insurance Commissioners, Countrywide Summary of Medical Malpractice Insurance.  This report provides data on the number of malpractice claims and payments by insurers in every state for between 1991 and 2008.



National Conference of State Legislatures, Medical Liability/Malpractice 2010 Legislation.  These tables summarize state-level legislative efforts related to malpractice policy.



Towers Perrin Consulting, 2008 Update on U.S. Tort Costs Trends, January 2008. This report analyzes tort costs nationally from 1950 through 2007.



U.S. Department of Justice, Bureau of Statistics, Medical Malpractice Claims in Seven States, 2000-2004, 2007.  This report provides data and analysis on medical malpractice claims that settled prior to or during litigation, were dismissedor abandoned without compensation, or reached trial in seven states.