Medical liability market research

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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, claim costs and the way claims are disposed. 

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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 annual 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.

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.

Medical Professional Liability Insurance Indemnity Payments, Expenses and Claim Disposition, 2006-2015

Using data from the PIAA, this report (PDF) presents information on trends in indemnity payments and expenses for medical liability claims that closed between 2006 and 2015. It also describes how claims are disposed and reports indemnity payments and expenses by claim disposition.

This report finds that most claims that closed in 2015 were dropped, dismissed or withdrawn. It also finds that over the 2006-2015 period, indemnity payments were relatively stable and expenses incurred on claims increased substantially.

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Prevalence of Medical Liability Premium Increases Unseen Since 2000s Continues for Third 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 2012 to 2021. The most significant findings are that in 2020, 31.1% of the premiums reported to the MLM increased from the previous year.

Once again, and despite a small dip in 2021, almost 30% (29.5%) of premiums went up from those in 2020. In fact, more premiums increased in 2020 and 2021 than in any year since 2006. Although there is not a hard market yet in the U.S. as a whole, there appears to be a hard market in certain areas of the country.

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