Medical Malpractice Losses Surge by $4 Billion Amid Inflation

Understanding the Impact of Inflation on Medical Malpractice Costs
The Doctors Company has recently unveiled research highlighting the concerning relationship between inflation and medical malpractice losses. This study reveals that inflation has added approximately $4 billion in insured losses and expenses to the medical malpractice market over the past ten years.
Key Insights from the Study
According to the new study, titled Nuclear Verdicts and Rising Costs: How Inflation Is Impacting Medical Malpractice Claims, the $4 billion attributed to inflation is significant. It accounts for 11 percent of the overall booked losses within the decade concluding in 2024. This stark contrast illustrates a notable increase from previous assessments, where losses were pegged between $2.4 billion and $3.5 billion, which represented 8 to 11 percent. The findings emphasize that inflation is not only a persistent issue but one that is seen to be accelerating.
Responses from Industry Leaders
Robert E. White, Jr., President of The Doctors Company, expressed concern over the rising rates of nuclear verdicts—a term describing substantial jury verdicts awarded in malpractice cases. He pointed out that the average of the top 50 medical malpractice verdicts has seen an alarming increase from $32 million in 2022 to an estimated $56 million by 2024. White anticipates that these rising premiums, exacerbated by both economic pressures and increasing settlement amounts, will significantly impact physicians across the nation.
Key Findings of the Research
This comprehensive study reveals several pivotal findings:
- Combined Economic and Social Inflation: The combined effects of economic and social inflation have contributed an additional $4 billion in losses—an increase of $1.6 billion from prior assessments.
- Surge in Large Settlements: The frequency of claims exceeding $2 million has increased dramatically, with reports showing a more than tenfold rise since 1990.
- Post-COVID Recovery: A significant rebound in high-dollar claims was noted in 2023 following a dip during the pandemic.
Furthermore, the landscape of litigation is evolving with the emergence of third-party litigation financing, where private investors finance lawsuits in return for a share of settlements. This trend is anticipated to impose costs on insurers ranging from $13 billion to $25 billion in the upcoming five years.
Advocating for Change
Mr. White outlined The Doctors Company's commitment to advocate for meaningful tort reform, stating that malpractice verdicts should serve the purpose of supporting patients and not augmenting the profits of attorneys or private investors. The rising litigation costs present significant challenges to healthcare access for patients and continue to escalate pressures on healthcare providers.
Research Methodology
The study conducted by Moore Actuarial Consulting, LLC, on behalf of The Doctors Company, utilized updated data from credible sources, including the National Practitioner Data Bank and comprehensive annual statements from insurance companies, leading up to the close of 2024.
About The Doctors Company
Founded by physicians, The Doctors Company is the largest physician-owned medical malpractice insurer in the nation. It is dedicated to advocating for good medical practices and supporting physicians in navigating the complexities of today’s healthcare environment. With resources and coverage tailored to meet the needs of healthcare providers, The Doctors Company stands out by providing a robust advocacy program that spans all 50 states and federal jurisdictions. As a part of TDC Group, the largest provider of insurance and risk management solutions for physicians, The Doctors Company serves over 119,000 healthcare professionals and organizations, boasting a substantial revenue and asset position.
Frequently Asked Questions
What is the main finding of The Doctors Company's study?
The study finds that inflation has contributed approximately $4 billion in medical malpractice losses over the past decade.
How much have nuclear verdicts increased?
Average nuclear verdicts increased from $32 million in 2022 to an impressive $56 million projected for 2024.
What factors are driving the rise in malpractice claims?
The rise is attributed to combined economic and social inflation and the aftermath of the COVID-19 pandemic.
What role does third-party litigation financing play?
This financing method is anticipated to raise costs for insurers significantly over the next few years, impacting overall medical malpractice costs.
How is The Doctors Company addressing these issues?
The Doctors Company is advocating for tort reform and promoting awareness about rising litigation costs affecting healthcare access.
About The Author
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