That Malpractice 'Epidemic'? - washingtonpost.com
I've previously covered Professor Peters' study that disproves the existence of a medical malpractice crisis. Now the Washington Post has written about it.
There is no empirical evidence to support the much-publicized notion that the tort system amounts to a lottery for injured plaintiffs, as President Bush and others have long maintained, writes Philip G. Peters Jr. in the May edition of the Michigan Law Review. If anything, the system appears to be biased against them...
"The studies reveal that juries treat physicians very favorably, perhaps unfairly so," Peters writes, "and are more likely to defer to the judgment of a physician defendant than other physicians are."...
"Critics assume that the 'battle of experts' frees juries to award unjustified recoveries," he writes. "The data suggest that it is more likely to shelter negligent physicians."
One would think that doctors will read this study and come to the logical conclusion that their malpractice insurers are taking advantage of them. Unfortunately, it's more likely that doctors will label this study as propaganda and continue fighting on behalf of the insurers that gouge them.
Cross-posted to TortDeform