GTLA: Public Main

Home / Public / Civil Justice Preservation / Legislative Packet

References

[1] Insurance Information Institute, “2002/2003 Outlook for Auto and Homeowners Insurance Rates.”

[2] Id

[3] Id.

[4] “Malpractice Policy Rates on the Rise,” The National Law Journal, June 4, 2002.

[5] Another Brick In The Wall: An Empirical Look At Tort Litigation In The 1990s, 34 Ga. L. Rev. 1049 (2000).

[6] “Relation between malpractice claims and adverse events due to negligence. Results of the Harvard Medical Practice Study III,” New England Journal of Medicine, Vol. 325:245-251, July 25, 1991, cited by Dept. of Health and Human Services, “Confronting the New Health Care Crisis,” p. 8, July 24, 2002.

[7] Another Brick In The Wall: An Empirical Look At Tort Litigation In The 1990s, 34 Ga. L. Rev. 1049 (2000).

[8] Id

[9] Id

[10] Insurers’ Missteps Helped Provoke Malpractice Crisis, The Wall Street Journal, June 24, 2002.

[11] 2002 Georgia Verdict Survey, Jury Verdict Research.

[12] Public use data file from the National Practioner Data Bank, April 2002.

[13] Adjusted using the Abstract of the United States 2001, The National Data Book, 121st Edition, U.S. Census Bureau.

[14] Public use data file from the National Practitioners Data Bank, April 2002.

[15] The MAGnet, January 2002.

[16] Eleanore D. Kinney, “Malpractice Reform in the 1990’s: Past Disappointment, Future Success?” 20 J. Health Pol’y & L. 99, 120 (1995), cited in Marc Galanter, “Real World Torts,” 55 Md. L. Rev. 1093, 1152 (1996).

[17] Source: various editions of The American Medical Association’s Physician Characteristics and Distribution in the U.S.

[18] “The Tort Mess”, Forbes, May 13, 2002.

[19] Wall Street Journal, June 24, 2002.

[20] Liability Week, July 19, 1999.

[21] Business Insurance, July 19, 1999.

[22] Premium Deceit – The Failure of ‘tort reform’ to Cut Insurance Prices, J. Robert Hunter, former Commissioner of Insurance in Texas and Joanne Doroshow, Executive Director of Center for Justice & Democracy.

[23] Atlanta Business Chronicle, March 28, 2002, p. 36A.

[24] Wall Street Journal, June 24, 2002.

[25] The Medical Malpractice Insurance Crisis: Opportunity for State Action, National Academy of State Health Policy (July 2002)

[26] American Medical Association Physician Characteristics and Distribution in the US, 2001 Edition. A state is classified as having a “cap” when there exists a general noneconomic damage cap that affects medical malpractice or a broad medical malpractice specific cap on noneconomic damages. Caps that affect one area of medical malpractice (e.g. just wrongful death cases) or punitive damage caps are not counted since these represent a small number of cases. Cap states include: AK, CA, CO, FL, HI, ID, IN, KS, LA, MD, MA, MI, MO, MT, NE, NM, ND, SD, UT, VA, WV and WI.

[27] Derived from data provided by Medical Liability Monitor (Vol. 26, #10 – Oct 2001) A state’s average premium is calculated as the unweighted mean value of premiums for all companies for which data is provided across all regions. A state is classified as having a “cap” when there exists a general noneconomic damage cap that affects medical malpractice or a broad medical malpractice specific cap on noneconomic damages. Caps that affect one area of medical malpractice (e.g. just wrongful death cases) or punitive damage caps are not counted since these represent such a small number of cases.

[28] American Medical Association, Socioeconomic Characteristics of Medical Practice, 2000-2002. The countrywide average excluding California during that same period rose only 5.7%.

[29] Derived from data provided by Medical Liability Monitor, 2001.

[30] Derived from data provided by Medical Liability Monitor, October 2002.

[31] Id

[32] Derived from data provided by Medical Liability Monitor, 2001.

[33] Id.

[34] “Doc-owned insurance raising rates 45%”, The Sun Herald, September 23, 2002.

[35] June 3, 2002, meeting of the New Jersey Assembly Joint Committees of Banking & Insurance and Health & Human Services on Medical Malpractice

[36] “Insurer has no plans to lower costs in Las Vegas,” Associated Press, August 10,2002.

[37] “Tort Reform’s a Fraud, Insurers Admit,” and “Tort Reform Will Not Reduce Insurance Rates, Say 100+ Florida Insurers,” National Insurance Consumer Organization (1986).

[38] St. Paul Rate Filing, State of Florida Department of Insurance, 1986

[39] “State hires outside firm to look at liability rate request,” UPI, December 4, 1986. See also, “Tort reform legislation: Did state get ‘suckered,’” Seattle Times July 1, 1986.

[40] “Insurers Warn,” UPI, March 9, 1987.

[41] The MAGnet, April 2001.

[42] The MAGnet, July 2001.

[43] National Association of Insurance Commissioners, Profitability by Line by State in 2000, (Published 2001).

[44] National Association of Insurance Commissioners, Profitability by Line By State in 1999, (Published 2001).

[45] National Association of Insurance Commissioners, Profitability by Line by State in 2000, (Published 2001).

[46] Id

[47] “The Explosion In Liability Lawsuits Is Nothing But A Myth,” Business Week, April 1986 at pp. 24-25.

[48] Consumer Reports, August 1986, at pp. 544-549.

[49] Id

[50] Georgia Trend, Magazine of Georgia Business and Finance, July 19, 1986, pp. 56-57.

[51] Francis K. Bellotti, Attorney General of Massachusetts, et al., Analysis of the Causes of the Current Crisis of Unavailability and Unaffordability of Liability Insurance, prepared for the National Association of Attorneys General, May, 1986, p. 45.

[52] Atlanta Journal & Constitution, November 29, 1985.

[53] Denton v. Con-way Southern Express, Inc., et al., 261 Ga. 41, 402 S.E.2d 269 (1991).

[54] Wall Street Journal, June 24, 2002.

[55] Id

[56] Id

[57] “Lloyd’s Plans To Alter How It Finances Insurance,” New York Times, July 19, 2002 (Joseph B. Treaster).

[58] Klodkin, Charles, “Medical Malpractice Insurance Trends? Chaos!” International Risk Management Institute.

[59] Id
[60] “Lawmakers Seek GAO Explanation Of Insurers’ Rates,” The Wall Street Journal, 7/3/2002.

[61] Wall Street Journal, June 24, 2002.

[62] Id

[63] “Complaint Filed Against St. Paul Insurance Companies For Unlawful Business Practices,” Press Release, State of Nevada, Office of the Attorney General, May 30, 2002.

[64] Eric P. Mantz, M.D., et al. v. St. Paul Fire and Marine Insurance Company, et al., Case No. 02-C-770, In the Circuit Court, Kanawha County, West Virginia.

[65] Wall Street Journal, June 24, 2002.

[66] Joseph Treaster, Malpractice Rates Are Rising Sharply; Health Costs Follow, New York Times, September 10, 2001.

[67] Malpractice data from the American Medical Association, Socioeconomic Characteristics of Medical Practice. Medical care costs calculated from the Consumer Price Index Home Page: http://stats.bls.gov/cpihome.htm.

[68] Personal Health Care Expenditures taken from the Health Care Financing Administration [http://www.hcfa.gov/stats/nheoact/stateestimates/Tables98]. "Total spent on medical malpractice insurance,” reflects US total medical malpractice premiums written according to AM Best State Line Report (the insurance industry's leading provider of information and company ratings).

[69] ute of Medicine, National Academy Press: Washington, DC, 1999.

[70] U.S. Congress, Office of Technology Assessment, Defensive Medicine and Medical Malpractice, OTA -H- 602 (Washington, D.C.: U.S. Gov’t. Printing Office, July 1994).

[71] See, O.C.G.A. § 9-11-9.1.

[72] See, Shea v. Phillips, 213 Ga. 269, 271, 98 S.E.2d 552 (1957).

[73] See, O.C.G.A. § 5-5-50; § 51-12-12.

[74] The MAGnet, January, 2002.

[75] Id

[76] Institute of Medicine, To Err is Human: Building a Safer Health System, November 1999.

[77] Infection epidemic carves deadly path, Chicago Tribune, July 21, 2002.

[78] Investor’s Business Daily, Hospitals’ Dirty Little Secret: Infections Now Are Rampant. August 2, 2002.

[79] Institute of Medicine, To Err is Human: Building a Safer Health System, November 1999.

[80] Harvard Medical Practice Study, Patients, Doctors and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York (1990).

[81] Id

[82] Surgical Calamities on Rise, Group Says, Washington Post, December 6, 2001, A14

[83] Harvard School of Public Health / Kaiser Family Foundation “Medical Errors: Practicing Physicians and Public Views,“ New England Journal of Medicine, December 2002.