Despite the lack of tort reform at the national level, there are changes in the healthcare environment that are making an impact on medical malpractice suits, according to a Medscape report.
While claims and rates are on a downward trend, they aren't tapering off. Here is the current state of medical malpractice by the numbers, according to the report:
1. $3.6 billion: medical malpractice payouts in 2012 — a 3.4 percent decrease from 2011
2. 28.8 percent of medical liability insurance rates decreased last year; 13.7 percent increased.
3. $343,038 is the average payment to defend a claim, which is up over previous years
4. 65 percent of malpractice claims are dropped, dismissed or withdrawn
5. 24 percent of cases are settled
6. 29 states include an instituted cap on "noneconomic or economic damages" and 16 states have laws limiting contingent attorney fees.
7. $439,146 is the average amount neurosurgeons experience in indemnity payment, which is the most for a single specialty
8. 37 states have some variation of a "sorry" law or disclosure and every state has imposed a statute of limitations
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