Friday, November 6, 2015

Why Wisconsin Has the Least Medical Malpractice Claims in the United States

According to the National Practitioner Data Bank, only 6 out of every one million Wisconsin residents received a medical malpractice claim – the national rate is 27 out of every one million.  In 2014, Wisconsin physicians paid the least per capita in medical malpractice claims.  There were only 37 successful claims in Wisconsin in 2014. 

Wisconsin has accomplished this by taking several steps, some would argue overly drastic steps, to reduce its medical malpractice claims.  The state has enacted a $750,000 noneconomic damages cap.  Wisconsin has also included extensive expert witness testimony requirements in medical malpractice cases to establish the standard of care.  And finally, any claims greater than $1 million in total damages (both economic and noneconomic) are paid from the state’s Injured Patients and Families Compensation Fund, which has a budget of $1.2 billion.

The success in Wisconsin has caused other states to take similar steps.  Nationally, successful medical malpractice claims have decreased within the last 25 years.  In 1992, 56 out of every 1 million Americans received a medical malpractice claim.  By 2004, that number had dropped to 49 out of every 1 million, and by 2014, that number dropped to 27 out of every 1 million.

While these numbers are a relief to the health care industry and insurance providers, they are not entirely beneficial to patients with claims which do not have damages high enough to attract a qualified lawyer.  Often times, if the damages are not high enough, injured patients can have a difficult time finding a lawyer who will take their case. 


This national trend has the potential to significantly impact on both the medical and legal professions.  Contact us today for all your medical legal needs.

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