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In New York, Liability For Medical Malpractice

The past several years have witnessed a considerable increase in the cost and impact of medical malpractice litigation. Between 1994 and 2001, the typical medical malpractice award increased 176 percent to $1 million. The result has been higher malpractice insurance premiums for health care providers, which in turn has led to higher costs for the health care system as well as reduced access to medical services. In 2001, total premiums for medical malpractice insurance topped $21 billion, more than double the amount ten years earlier.

The liability system exists for two goals: to compensate the negligently injured, and to penalize and deter negligent acts. Unfortunately, in the medical arena the liability system fails on both accounts: the system does not direct appropriate compensation to victims of negligence, nor does it effectively deter negligent behavior. To the contrary, the medical liability system impedes efforts to improve patient safety, and may actually increase the number of errors.

Moreover, the medical liability system imposes exorbitant costs on the health care system both directly and indirectly, costs that increase the number of Americans without health insurance and add to the federal deficit. Although some individuals fare well under the present system, the system as a whole does not meet the needs of the negligently injured or the general population. The negative aspects of the medical liability system have a particularly adverse effect on women, low-income individuals and rural residents.