Mr. Yarbro makes the following points:
• The Founding Fathers regarded the right to trial by jury "as the very palladium of free government" as Alexander Hamilton discussed in Federalist Paper #83
• frivolous malpractice lawsuits are few: a Harvard school of Public health study reviewed 1400 closed malpractice claims and found 97% meritorious and 80% of those involved death or serious injury
• The National Association of Insurance Commissioners in a 2007 study found that the total spent defending claims and compensating victims of medical malpractice was just 0.3% of total health care costs
• Doctors' malpractice insurance premiums are not increased by malpractice claims: an analysis by Americans for Insurance Reform found that medical malpractice insurance premium increases were dictated by poor investments by insurance companies, rather than payouts on malpractice claims