The public is aware of the issue of medical malpractice, and generally supportive of measures to reform the medical malpractice system, although few people say malpractice reform is a top priority for Washington. The public does see medical malpractice as an important factor behind rising health care costs, and while the policy debate has focused on the size of jury awards as the main problem in the system, the public views the number of lawsuits as an even more important factor.
Importance the Problem
Americans recognizes medical malpractice as an issue that needs to be addressed, but few place malpractice reform high on their list of health care concerns for the government to deal with. In August 2005, while more than half (54%) said reforming the medical malpractice system was a “very” important issue for government to deal with, fewer than one in ten (6%) chose this as the most important priority when asked to choose between a list of health issues before the President and Congress.
The public does, however, view medical malpractice as an important factor behind rising health care costs. Nearly six in ten adults (58%) said that the number of malpractice lawsuits is a “very” important factor in causing rising health care costs, and nearly two in ten (19%) said it was the most important factor when forced to choose among several. Only “high profits made by drug companies” was named as the most important factor by a larger share of the public than malpractice lawsuits.
Factors Behind Rising Malpractice Insurance Costs
When asked to choose the most important reason behind rising malpractice insurance costs, it’s clear that the public sees the number of lawsuits as a bigger problem than the size of jury awards.
Nearly one-third (32%) of the public say that the most important factor behind rising malpractice insurance rates is “too many lawyers filing unwarranted lawsuits”. Smaller shares say “high profits of malpractice insurers” (15%), “too many patients making unwarranted claims against doctors” (14%), and “too many doctors making mistakes” (11%) are the main factors. While most of the policy debate has focused on putting caps on jury awards, just 9% cite “too many juries making excessive awards” as the most important reason malpractice costs are rising.
Problems in the System
Furthermore, about six in ten (61%) say patients bring “too many” malpractice lawsuits against doctors, while about two in ten (18%) say patients bring the “right amount” of lawsuits against doctors. About half (49%) of the public says juries award too much money in malpractice lawsuits and three in ten (30%) say jury award amounts are “about right”.
Support for Limiting Malpractice Lawsuits
There is substantial support for policies that would limit the amount of jury awards in malpractice cases, and limit the ability to file malpractice lawsuits. More than six in ten (63%) say they would favor limits on the amount of money patients can be awarded for emotional pain and suffering. Among the 63% who support a cap on damages for pain and suffering, half favor a cap of $500,000 or a million dollars, which is higher than the $250,000 most often proposed in the policy arena.
Even more support a law that would prohibit individuals from filing malpractice lawsuit unless an independent medical specialist reviewed the claim and deemed it reasonable – 72% of the public say they would favor such a law.
Most of the public believes that both damage caps and requiring independent medical review would help to reduce the overall cost of health care in the U.S. either “a lot” or “some”.
