The Division of Economic and Health Policy Research conducts research on the medical liability market. It uses data from the AMA's Physician Practice Benchmark Surveys to conduct original research on claim frequency and uses external data to examine trends in liability premiums.
Policy research perspectives
Upward Trajectory of Medical Liability Premiums Persists for Sixth Year in a Row
Using data from the Annual Rate Survey Issues of the Medical Liability Monitor (MLM), this report (PDF) summarizes changes in medical liability premiums from 2015 to 2024. The most significant finding is that in the last six years (2019-2024), the proportions of premiums that increased year-to-year reached highs not seen since the last hard market in early 2000s.
In 2019, this share almost doubled from what it was in 2018 from 13.7% to 26.5%. Then between 2020 and 2022, about 30% of premiums went up annually over that period of time. This trend gained momentum, and by 2024, 49.8% of the reported premiums rose from the previous year. Although there may not be a hard market yet in the entire U.S., some states have experienced notable premium increases over the last few years.
Medical Liability Claim Frequency Among U.S. Physicians
Using data from the AMA’s 2016-2022 Physician Practice Benchmark Survey, this paper (PDF) presents estimates of claim frequency among U.S. physicians and explores whether the likelihood of claims varies by age, gender, specialty, Census Division and employment status. It finds that in 2022, 31% of physicians had been sued in their careers to date. It also finds that the risk of ever being sued varies significantly by specialty, gender and age.
Previous policy research perspectives
Prevalence of Medical Liability Premium Increases Unseen Since 2000s Continues for Fourth Year in a Row
Using data from the Annual Rate Survey Issues of the Medical Liability Monitor (MLM), this report (PDF) summarizes changes in medical liability premiums from 2013 to 2022. The most significant finding is that in the last four years (2019-2022), the proportions of premiums that increased year-to-year reached highs not seen since the 2000s.
In 2019, this share almost doubled from what it was in 2018 from 13.7% to 26.5%. Then between 2020 and 2022, about 30% of premiums went up annually over that period of time. Although there may not be a hard market yet in the entire U.S., there appears to be a hard market in a considerable number of states.
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