Malpractice claims are not currently causing disruption of the health-care system. The number of claims and average payout for claims is lower today than 10 years ago. Paid claims declined from 18.6 to 9.9 per thousand physicians, and median payments declined from $218,400 to $195,000.
However, statistics show that the number and frequency of medical errors has increased over the same period, with up to 400,000 negligent deaths a year from malpractice (this number does not include severely injured patients) (JAMA, Oct. 30, 2014). But medical professionals and insurance companies still complain that there is a crisis caused by plaintiff’s attorneys who bring malpractice cases on a contingency fee basis. The crisis is not the contingency fee compensation for attorneys that represent plaintiffs; the crisis is the high cost and time required to prove a claim and receive compensation for a negligently injured patient.
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