Medical Malpractice in Your State

limiting patients' rights does not improve care or lower insurance rates

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Arizona

According to the American Medical Association, Arizona is showing "problem signs," and on its way to becoming a "crisis" state.

Reality Check:

• The number of doctors has gone up,
• the number of OB/GYNs has increased, and
• the median compensation victims receive has gone down

Arizona does not cap damages.

Insurance Reform: In Arizona, limiting patients' rights will not solve the problem of rising malpractice insurance rates. An analysis of Arizona malpractice insurers' annual statements shows that a state investigation of potential price-gouging is needed. In 2004, Arizona's largest malpractice insurer, The Mutual Insurance Company of Arizona (MICA) increased malpractice premiums at nine times the rate of payouts.

Moreover, the company is hoarding 505%—or $188,646,758— more than what the National Association of Insurance Commissioners deems adequate. MICA could collect $0 in premiums this year and still have enough money in surplus for the entire amount of its Arizona payouts four times over. Learn more about MICA's surplus.

Medical Malpractice & Preventable Errors

Nationally, medical errors are a real concern with USA Today reporting that medical errors seriously injure 1 in 10 hospitalized patients.

In fact, the Institute of Medicine reported as early as 1999 that medical errors are a national crisis. Yet, those same researchers recently noted that despite 5 years of calls to action, the medical community has made little progress in reducing the risk to patients who use the healthcare system. In particular, researcher Lucian Leape thinks that the medical community "has deflected attention from saving patients to saving money." read more...

Patient Safety Should Come First

Instead of limiting patients' rights, Congress should look to preventing insurance companies from price-gouging doctors and help implement processes that will put patient safety first. Fixing the system to put patient safety first will ultimately bring down costs for everyone. In Arizona alone, preventable medical errors in hospitals cost $310-$529 million a year, according to the consumer safety and health organization Public Citizen.

Number of Personal Injury Lawsuits

There is no litigation explosion. The National Center for State Courts Recently reported that:

• Tort filings have declined by 5% since 1993. Contract filings, meanwhile, which are more likely to involve businesses than tort cases, rose by 21% over the same period.¹
  
  
• Automobile tort filings, which make up the majority of all tort claims, have fallen by 5% by 1993 and 14% since their high in 1996.¹
  
  
• Medical malpractice filings per 100,000 population have fallen 1% since 1998.²
  
  
• In 22 of the 30 states that NCSC examined population-adjusted tort findings declined from 1992 to 2001. The average change in tort filings across all 30 states was a 15% decrease.¹
  

Sources:

1. Examining the Work of State Courts, 2003, National Center for State Courts (NCSC) 2004
2. Medical Malpractice Filings per 100,000 Population in 11 and 17 States, 1993-2002, National Center for State Courts, 2004 (unpublished, on file with author)

Updated September 2005