Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades. Fewer than 2 percent of doctors each year were the subject of a successful claim, in which the insurer had to pay a settlement or judgment.

Yet, medical malpractice reform is a hot topic among pundits and politicians. Mary Alice McLarty, president of the American Association for Justice, has published an opinion piece arguing that medical malpractice reform strips patients of their rights. She goes on to urge that the focus should be on preventing medical malpractice in the first place, observing that “When no one is accountable, no one is safe.
McLarty cites recent studies that show that when patients’ rights are taken away, as they have been in Texas, lower health care costs don’t necessarily follow. The vast majority of the money saved by caps on damages in medical malpractice cases stays in the pockets of medical malpractice insurance corporations. To read her entire piece, visit

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