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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