GAO: Malpractice Lawsuits Don't Limit Access to Care

August 29, 2003
A report from the General Accounting Office (GAO) finds that lawsuits accusing doctors of medical malpractice do not appear to significantly limit access to health care.

The finding by the GAO, Congress' investigative arm, flies in the face of cries by the nation's doctors who say steep costs for medical malpractice insurance are driving them out of business.

GAO examined the experiences in five states with reported malpractice-related problems (Florida, Nevada, Pennsylvania, Mississippi, and West Virginia) and four states without reported problems (California, Colorado, Minnesota, and Montana) and analyzed growth in malpractice premiums and claims payments across all states and the District of Columbia.

It said it found no evidence that lawsuits against doctors crimp access to health care "on a widespread basis." In an earlier report, the GAO found the biggest contributor to steep medical malpractice rates is increased losses incurred by insurers on medical malpractice claims paid out.

The American Medical Association claims there is a medical liability "crisis" in about 18 states and doctors say they are being driven out of states with higher malpractice premiums, especially in specialties like obstetrics and emergency care.

But the GAO said that, although some physicians reported reducing certain services they consider to be high risk in terms of potential litigation, such as spinal surgeries and mammograms, GAO did not find access to these services widely affected, based on a review of Medicare data and contacts with providers that have reportedly been affected.

The AMA said it disputes the report's findings.

A move to limit pain and suffering awards in medical malpractice lawsuits on the federal level, favored by President Bush and opposed by trial lawyers, died in the Senate in July, although several states have enacted "tort reform" laws that limit patient's rights to be compensated for pain and suffering and other "noneconomic" damages.

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