Thomas H. Cohen, J.D., Ph.D., Kristen A. Hughes, M.P.A., Bureau of Justice Statistics

March 27, 2007    NCJ 216339

Focuses on medical malpractice claims that were closed in Florida, Illinois, Maine, Massachusetts, Missouri, Nevada, and Texas from 2000 to 2004. In these states medical malpractice insurance providers are required by law to submit information on closed medical malpractice claims. These claims are typically submitted to the Department of Financial and Insurance Regulation, which provided the data to BJS. The report provides an in-depth analysis of medical malpractice claims, including the number of claims closed with or without payouts, types of medical providers named in claims, facilities where alleged injury occurred, severity of alleged injury, court disposition of claims, amounts paid to compensate claimants, costs of defense counsel, and claim processing time.

Highlights:

• Insurance companies in Florida, Illinois, Maine, Massachusetts, Missouri, Nevada, and Texas reported information on about 43,000 closed medical malpractice insurance claims between 2000 and 2004.
• Most medical malpractice claims were closed without any compensation provided to those claiming a medical injury. About a third of claims closed in Maine, Missouri and Nevada resulted in a payout.
• Among persons receiving compensation, insurance payouts were highest for claimants who suffered lifelong major or grave permanent injuries. In Florida and Missouri claimants with these types of injuries received median payouts ranging from $278,000 to $350,000.

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