Ten interesting facts about the civil justice system

1. The Government Accountability Office has found that there is no correlation between the number of malpractice law suits filed and the cost of malpractice insurance.

Congressional Budget Office, Government Accountability Office. Studv: Limited Access to Health Care Has Mixed Causes. Janurary 2003

2. As many as 200,000 people are killed each year from preventable medical error. That is as many as would die if a jumbo jet filled to capacity were to crash every other day for the next five years.

Davies, Paul. "Fatal Medical Errors Said To Be More Wide Spread". The Wall Street Journal. 27 July 2004. Page D5.

3. Doctors are by far and away the most financially rewarded citizens in the nation, even after their expensive insurance premiums are paid.

U.S. Department of Labor. http://www.bls.gov/oes/oesdl.htm. May 2003.

4. Despite the high instances of malpractice, physicians are rarely disciplined by state medical boards. When they are disciplined, it is usually for fraud, or substance abuse and not for malpractice.

Association of Trial Lawyers of America. "Civil Jury Verdict Trends- RAND Institute Study". Association of Trial Lawyers of America. 28 October, 2002. http://www.atla.org/cjfacts/news/iurytrnd.html

5. Plaintiff's are victorious less than 30% of the time in malpractice law suits.

PHYSICIAN INSURERS ASS'N OF AM., PIAA CLAIM TREND ANAL YSIS: 2002 ed. (2003).

6. In Utah, malpractice lawsuits make up less than one percent (0.0009%) of all court filings.

State of Utah "District Courts Caseload For the Year 2003-All Judicial Districts". Courtlink. 12 July 2004. <http:/ /www.utcourts.gov /stats/fy03/dist/fy2003_9.htm>

7. There are several measures already in place in Utah law that keep frivolous law suits out of the court house.

State of Utah. Utah Code Annotated. 2004. Section 78-27-56. State of Utah. Utah Rules of Civil Procedure. Rule 56. 2004. State of Utah. Utah Rules of Ciyil Procedure. Rule 11.2004.

8. Physicians themselves are among the most litigious groups. Doctors have won millions in lawsuits against insurers, businesses, cities and managed care facilities.

Center for justice and democracy. www.centerjd.org 14 July 2004

9. States designated by the AMA as being "crisis" states are not really in crisis, and are actually increasing in the number of doctors per capita.

Center for justice and democracy. www.centerjd.org 14 July 2004

10. Many states have adopted tort reform, and in almost every state where such reforms have been adopted, studies show they do not work.

Center for justice and democracy. www.centerjd.org 14 July 2004