Back to Annual Meeting Page		American Public Health Association 133rd Annual Meeting & Exposition December 10-14, 2005 Philadelphia, PA

Abstract #107494

Charles Ellington, MD, JD¹, Martey Dodoo, PhD¹, Robert L. Phillips, MD, MSPH², Larry A. Green, MD¹, Kim Bullock, MD³, and Ronald Szabat, JD, LLM⁴. (1) Policy Studies in Family Practice and Primary Care, Robert Graham Center, 1350 Connecticut Avenue, NW, Ste. 201, Washington, DC 20036, (202)331-3360, amishdoc@yahoo.com, (2) Policy Studies in Family Practice and Primary Care, The Robert Graham Center, 1350 Connecticut Avenue, NW, Ste. 950, Washington, DC 20036, (3) Department of Family Medicine, Georgetown University, 215 Kober Cogan Building, Washington, DC 20007, (4) American Society of Anesthesiologists, Director, Governmental and Legal Affairs, 1101 Vermont Avenue, N.W., Suite 606, Washington, DC 20005

Medical liability remains a major issue facing our country today and many, including President Bush, have called for major liability reform. In fact the AMA has declared that 19 states are at a crisis level and 25 states are at risk of becoming crisis states. Studies have shown that specific reform measures including certain caps non non-economic damages are associated with lower physician premiums. To date, however, no study has systematically looked at hospital malpractice costs relative to state tort reform environments. With half of all hospitals in 2004 operating with negative Medicare margins, any potential savings could be significant.

This study examines hospital malpractice cost report data from the Healthcare Cost Report Information System (HCRIS) data set for the years 1996-2002. We analyze these data relative to state malpractice reform environments, looking at ten different reform measures including caps on non-economic damages. We also examine malpractice costs by hospital type, looking at malpractice cost changes over time by hospital type and cost differences among the various types. We also analyze malpractice costs relative to special status such as sovereign immunity. Further, we look at the issue of hospital solvency by analyzing data on total operating margins.

We hope this study will provide guidance to policymakers as we struggle to solve the medical malpractice crisis.

Learning Objectives:

• Explains current state of medical liability crisis in the US
• Reviews previous research on tort reform especially as applied to physician malpractice costs
• Presents research on hospital malpractice costs relative to state malpractice reform environments
• Examines policy implications for malpractice reform

Keywords: Law, Cost Issues

Presenting author's disclosure statement:

I wish to disclose that I have NO financial interests or other relationship with the manufactures of commercial products, suppliers of commercial services or commercial supporters.

Recorded presentation