Monday, September 15, 2003

Malpractice Premiums Not Sparking Physician Exodus, Says GAO

Does free access to medical care require that we raise the bar for expert testimony in medical malpractice cases, lest physicians paying ruinous insurance premiums flee the problem jurisdictions? Some advocates of tort "reform" say yes. But now a GAO study suggests that reports of physician exodus may be be overblown. Indeed, in some states designated by the AMA as facing liability "crises," the number of physicians per capita has actually been increasing. Meanwhile, other investigators have reportedly concluded, based on actuarial study, that payouts have been quite stable since the 1980's, with premiums varying primarily as a function of the state of the economy, rather than the volume of malpractice awards.

Tuesday's Washington Post reports on the GAO findings. The actual GAO report is available here.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.