Summary
For physicians tired of working under the constant threat of a malpractice suit, the signs of positive change are encouraging.
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First, President Donald Trump told a joint session of Congress in February that he was in favor of “legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance.”
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Despite the high risk of being sued, malpractice claims are currently in a lull, with many physicians paying less for insurance than they paid five or even 10 years ago, says David Studdert, MPH, professor of medicine and law at Stanford University.
“Claims volume is not going up and the average value of claims is not going up, so the question raised is: ‘Why do tort reform now?’” Studdert says. “It’s actually a pretty good time; the alternative is to wait until there is a crisis, and no one really makes good policy under pressure.”
Malpractice tends to be cyclical, with a crisis arriving every 10 to 15 years, says Studdert. “The smart money is on another one in the next few years, but no one really knows why they happen,” he adds.
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