October 8th, 2009
According to the report, 1,215 new malpractice claims were filed last year -- a ten-year low. At the end of 2008, there were 3,017 open malpractice cases, which is the lowest number of pending cases in the 30 years the Department has been collecting data. The average claim was $202,612, which is up slightly compared to 2007.
The most common allegations in malpractice cases were poor surgical outcomes, non-surgical treatment, diagnostic errors, and patient safety. The full report can be read on the Department's website at www.insurance.mo.gov.
Much of this can be attributed to the 2005 tort reform legislation spearheaded by the Missouri State Medical Association (MSMA). The Supreme Court soon will hear oral arguments in the case of Klotz v. St. Anthony's, which challenges the constitutionality of the 2005 reforms enacted by the General Assembly. The MSMA, with the support of the American Medical Association Litigation Center, will file an amicus brief in support of the 2005 law. The brief is due October 29, 2009.