Overlooked amid the ongoing clamor that Americans give up their constitutional rights and accept damages caps in medical malpractice lawsuits are studies finding that only about 3% of the actual incidents of malpractice result in a lawsuit. In an interesting and thoughtful discussion of health insurance reform by David Leonhardt in the New York Times, Medical Malpractice System Breeds More Waste, the rarity of the malpractice suit is mentioned: only about 3% of the actual incidents of malpractice result in a lawsuit. The article links to a study in the New England Journal of Medicine that reaches these findings, Relation Between Malpractice Claims and Adverse Events Due to Negligence.


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