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Change in Cases Filed-Awards

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Alabama 48 paid claims in 2003 or 5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 41 paid claims in 2005 or 4.2 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 41 claims paid in 2006 of which 3.7 paid claims per 1,000 were active, non-federal physicians. 28 paid claims in 2007.
Alaska 19 paid claims in 2003 or 13.6 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 17 paid claims in 2005 or 11.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 13 total number of paid claims for 2006 of which 7.9 paid claims per 1,000 were active, non-federal physicians. 9 paid claims in 2007.
Arizona 304 paid claims in 2003 or 24.1 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 277 paid claims in 2005 or 21.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 216 total number of paid claims for 2006 of which 13.3 paid claims per 1,000 were active, non-federal physicians. 187 paid claims in 2007.
Arkansas 68 paid claims in 2003 or 12.2 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 76 paid claims in 2005 or 13.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 57 total number of paid claims for 2006 of which 8.8 paid claims per 1,000 were active, non-federal physicians. 45 paid claims in 2007.
California 1315 paid claims in 2003 or 14.1 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1120 paid claims in 2005 or 11.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 985 total number of paid claims for 2006 of which 8.9 paid claims per 1,000 were active, non-federal physicians.924 paid claims in 2007.
Colorado 162 paid claims in 2003 or 13.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 128 paid claims in 2005 or 10.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 137 total number of paid claims for 2006 of which 9.3 paid claims per 1,000 were active, non-federal physicians. 103 paid claims in 2007.
Connecticut 215 paid claims in 2003 or 16.8 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 142 paid claims in 2005 or 11 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 151 total number of paid claims for 2006 of which 10.2 paid claims per 1,000 were active, non-federal physicians. 144 paid claims in 2007.
Delaware 28 liability lawsuits were filed in the first five months of fiscal year 2005, compared to yearly totals of 93 in fiscal 2004 and 105 the previous year. 63 paid claims in 2003 or 28 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 31 paid claims in 2005 or 13.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 33 total number of paid claims for 2006 of which 12.5 paid claims per 1,000 were active, non-federal physicians. 15 paid claims in 2007.
Florida 1261 paid claims in 2003 or 28.4 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1096 paid claims in 2005 or 24.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 822 total number of paid claims for 2006 of which 14.7 paid claims per 1,000 were active, non-federal physicians. 785 paid claims in 2007.  In 2011, the Office of Insurance Regulation reported that between 2004-2009, total closed claims dropped from 3574 to 3087 and total damages dropped from $664M to $570M.
Georgia Mag Mutual reports the number of new claims vs. physicians in 2003 (pre-reform) was 1101 and the number of closed paid claims in 2004 was 702. In 2012, new claims were down to 414 and paid claims were down to 396.
Hawaii 48 paid claims in 2003 or 12.7 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 19 paid claims in 2005 or 5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 19 total number of paid claims for 2006 or 4.2 per 1,000 active, non-federal physicians. 25 paid claims in 2007.
Idaho 32 paid claims in 2003 or 13.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 27 paid claims in 2005 or 11 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 31 total number of paid claims for 2006 or 10.3 per 1,000 active, non-federal physicians. 23 paid claims in 2007.
Illinois In 2003 Copley News Service reported frequency of lawsuits filed jumping 36% over the last nine month period. 491 paid claims in 2003 or 13.6 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 403 paid claims in 2005 or 11.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 358 total number of paid claims for 2006 or 8.7 per 1,000 active, non-federal physicians. 340 paid claims in 2007.
Indiana 423 paid claims in 2003 or 30.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 186 paid claims in 2005 or 13.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 221 total number of paid claims for 2006 or 13.9 per 1,000 active, non-federal physicians. 199 paid claims in 2007.
Iowa 116 paid claims in 2003 or 18 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 103 paid claims in 2005 or 16 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 71 total number of paid claims for 2006 or 9.5 per 1,000 active, non-federal physicians. 63 paid claims in 2007.
Kansas 102 paid claims in 2003 or 16 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 155 paid claims in 2005 or 24.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 131 total number of paid claims for 2006 or 17.4 per 1,000 active, non-federal physicians. 109 paid claims in 2007.
Kentucky 219 paid claims in 2003 or 23.1 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 159 paid claims in 2005 or 16.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 162 total number of paid claims for 2006 or 14.7 per 1,000 active, non-federal physicians. 116 paid claims in 2007.
Louisiana 275 paid claims in 2003 or 23.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 300 paid claims in 2005 or 25.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 339 total number of paid claims for 2006 or 26.8 per 1,000 active, non-federal physicians. 282 paid claims in 2007.
Maine 36 paid claims in 2003 or 9.2 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 36 paid claims in 2005 or 9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 32 total number of paid claims for 2006 or 6.7 per 1,000 active, non-federal physicians. 33 paid claims in 2007.
Maryland 280 paid claims in 2003 or 13 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 232 paid claims in 2005 or 10.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 192 total number of paid claims for 2006 or 7.8 per 1,000 active, non-federal physicians. 172 paid claims in 2007.
Massachusetts Bd of Registration in Medicine reported a decline in the number of jury awards and settlements from 332 in 2001 to 276 in 2003. Avg. payments rose to a record $431,016 in 2003. Median settlements increased from $600,000 in 2000 to $925,000 in 2002 (Mass. Lawyers Weekly) Settlements of $1 million or more increased from 12 in 2001 to 26 in 2002. (Cape Cod Times, Oct. 6, 2003) 250 paid claims in 2003 or 8.8 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 260 paid claims in 2005 or 9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 261 total number of paid claims for 2006 or 8.0 per 1,000 active, non-federal physicians. 280 paid claims in 2007.
Michigan 574 paid claims in 2003 or 19.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 451 paid claims in 2005 or 415.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 389 total number of paid claims for 2006 or 11.7 per 1,000 active, non-federal physicians. 414 paid claims in 2007.
Minnesota 94 paid claims in 2003 or 6.6 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 73 paid claims in 2005 or 5.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 63 total number of paid claims for 2006 or 3.7 per 1,000 active, non-federal physicians. 83 paid claims in 2007.
Mississippi 103 paid claims in 2003 or 19.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 87 paid claims in 2005 or 16.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 95 total number of paid claims for 2006 or 15.9 per 1,000 active, non-federal physicians. 86 paid claims in 2007. In 2009, the Washington Examiner reported that the number of medical liability claims in the sate have declined by 91 percent since the 2004 reforms.
Missouri Liability case filings in Jackson Co. swelled to more than 1500 in a week just prior to newly enacted reforms taking effect in 2005. The avg. number of cases filed in the county was 330 per month. The state dept. of insurance reported new claims filed against providers fell by 20% in 2004 after an 11% drop in 2003. Claim payments increased in 2004 by 31.5%, but incurred claims...what an insurer expects to pay out in the future...dropped by 39%. The avg award per claim rose in 2004 from $212,000 to $252,000. Settlements and jury awards fell 21.2% from 2002. Avg. payments per claim fell slightly to $207,068, but payments involving physicians rose by 9.1%. 225 paid claims in 2003 or 14.7 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 217 paid claims in 2005 or 14.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 211 total number of paid claims for 2006 or 12.1 per 1,000 active, non-federal physicians. 202 paid claims in 2007.
Montana 58 paid claims in 2003 or 27.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 42 paid claims in 2005 or 20.3 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 45 total number of paid claims for 2006 or 17.5 per 1,000 active, non-federal physicians. 57 paid claims in 2007.
Nebraska 83 paid claims in 2003 or 19.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 194 paid claims in 2005 or 45.8 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 66 total number of paid claims for 2006 or 13.4 per 1,000 active, non-federal physicians. 56 paid claims in 2007.
Nevada The number of lawsuits filed against health care providers in Clark County has risen from 372 in 2001 to 1,116 in 2003. (Clark County Medical Society, March 2004). 102 paid claims in 2003 or 23.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 107 paid claims in 2005 or 23.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) The number of liability cases filed in Clark County in 2005 fell to 160. 82 total number of paid claims for 2006 or 14.5 per 1,000 active, non-federal physicians. 71 paid claims in 2007.
New Hampshire 47 paid claims in 2003 or 13.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 53 paid claims in 2005 or 15.3 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 35 total number of paid claims for 2006 or 8.4 per 1,000 active, non-federal physicians. 41 paid claims in 2007.
New Jersey 585 paid claims in 2003 or 20.1 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 696 paid claims in 2005 or 24 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 524 total number of paid claims for 2006 or 15.9 per 1,000 active, non-federal physicians. 455 paid claims in 2007.
New Mexico 73 paid claims in 2003 or 16.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 135 paid claims in 2005 or 29.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 90 total number of paid claims for 2006 or 16.7 per 1,000 active, non-federal physicians. 106 paid claims in 2007.
New York The avg. jury award increased from $1.7 million in 1994 to $6 million in 1999-an increase of 350%. The average cost of closing all cases increased from $337,000 in 1997 to $420,000 in 2001. In 2002, 7 of the top 10 jury verdicts in medical liability cases were from NY courts. (NY Med Society) 1766 paid claims in 2003 or 22.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1768 paid claims in 2005 or 22.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 1,702 total number of paid claims for 2006 or 19.6 per 1,000 active, non-federal physicians. 1528 paid claims in 2007.
North Carolina The annual number of medical liability settlements greater than $1 million has more than tripled between 1993 and 2002 from 6 to 19. (N.C. Lawyer's Weekly) 209 paid claims in 2003 or 9.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 195 paid claims in 2005 or 9.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 152 total number of paid claims for 2006 or 6.0 per 1,000 active, non-federal physicians. 134 paid claims in 2007.
North Dakota 33 paid claims in 2003 or 21.4 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 26 paid claims in 2005 or 16.8 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 12 total number of paid claims for 2006 or 6.9 per 1,000 active, non-federal physicians. 19 paid claims in 2007.
Ohio 577 paid claims in 2003 or 17.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 415 paid claims in 2005 or 12.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) However, according to the state Department of Insurance, a total of 5,051 malpractice lawsuits closed in the state in 2005, and 1,046, or about 20%, of the cases resulted in payouts, according to the state Department of Insurance. The payouts in those 1,046 malpractice lawsuits -- either through jury verdicts or settlements -- totaled $281,764,938 and averaged $269,374, and 6% exceeded $1 million. 332 total number of paid claims for 2006 or 8.8 per 1,000 active, non-federal physicians. The Ohio Department of Insurance reported 4,006 medical malpractice claims were reported for 2006, with the average claim in which a payment was made risng to $288,080. Kaiser reports 214 paid claims in 2007.
Oklahoma 132 paid claims in 2003 or 18.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 173 paid claims in 2005 or 23.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 127 total number of paid claims for 2006 or 15.0 per 1,000 active, non-federal physicians. 160 paid claims in 2007.
Oregon Since the supreme court overturned the limit on non-economic damages, the avg. liability payment has increased 90% from $247,000 to $470,000. (ECONorthwstJuly 2004) 111 paid claims in 2003 or 11.6 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 75 paid claims in 2005 or 7.8 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 86 total number of paid claims for 2006 or 7.2 per 1,000 active, non-federal physicians. 90 paid claims in 2007.
Pennsylvania The State Supreme Court reported the number of med mal cases filed dropped from 2,903 in 2002 to 1,698 in 2005 and--according to the Administrative office of PA Courts-- to 1602 in 2008. . In the 223 medical malpractice jury verdicts reached in 2005 statewide, 80.3% were defense verdicts, only 5.8% were greater than $1 million. None exceeded $10 million. From 2000 to 2003, there was an annual average of 326 cases filed, with 73% resulting in defense verdicts, 10.4% greater than $1 million and 1.2% higher than $10 million. News reports indicated that payments by MCARE, the state's patient compensation fund that pays awards between $500,000 and $1 million, decreased from $320.3 million in 2004 to $232.6 million in 2005 to $191 million in 2007. Kaiser reports that there were 1249 paid claims in 2003 or 30.2 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1062 paid claims in 2005 or 25.8 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 924 total number of paid claims for 2006 or 19.3 per 1,000 active, non-federal physicians. 767 paid claims in 2007.
Rhode Island 71 paid claims in 2003 or 18.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 39 paid claims in 2005 or 10 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 47 total number of paid claims for 2006 or 10.5 per 1,000 active, non-federal physicians. 62 paid claims in 2007.
South Carolina 159 paid claims in 2003 or 16.7 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 171 paid claims in 2005 or 17.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 183 total number of paid claims for 2006 or 16.2 per 1,000 active, non-federal physicians. 190 paid claims in 2007.
South Dakota 37 paid claims in 2003 or 22.8 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 31 paid claims in 2005 or 18.6 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 20 total number of paid claims for 2006 or 10.1 per 1,000 active, non-federal physicians. 21 paid claims in 2007.
Tennessee 156 paid claims in 2003 or 10.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 157 paid claims in 2005 or 10.2 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) The state Department of Commerce reported that 2,827 medical liability cases were closed in 2005.  83.5% resulted in no payment.  Five judgements totalled six million dollars. 158 total number of paid claims for 2006 or 8.8 per 1,000 active, non-federal physicians. 147 paid claims in 2007.
Texas In Harris County, which includes Houston, 40 medical liability lawsuits were filed between January and March of 2004, compared with an avg. of 120 filed during the same period each of the prior three years, (Texas Medical Association.) There were 204 cases filed in the county in 2004 compared with 441 in 2001 and 550 in 2002. 1154 were filed in 2003 before reforms went into effect. The Dallas Morning News reported that the rate of liability filings in most major Texas cities dropped by 80% after the reforms. 1075 paid claims in 2003 or 22.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1018 paid claims in 2005 or 20.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 628 total number of paid claims for 2006 or 11.1 per 1,000 active, non-federal physicians. 538 paid claims in 2007.
Utah 91 paid claims in 2003 or 18.1 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 98 paid claims in 2005 or 19.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 76 total number of paid claims for 2006 or 12.3 per 1,000 active, non-federal physicians. 67 paid claims in 2007.
Vermont 26 paid claims in 2003 or 11.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 15 paid claims in 2005 or 6.6 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 18 total number of paid claims for 2006 or 6.7 per 1,000 active, non-federal physicians. 10 paid claims in 2007.
Virginia The state bureau of insurance reported in 2005 that there was an average of $70 million paid to plaintiffs in each of the psat three years, with more than 1200 claims filed against physicians annually. The avg. award was $220,000. 33 judgments totaled more than $1 million over the last three years. About three-fourths of suits resulted in no award to the plaintiff. 182 paid claims in 2003 or 9.2 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 152 paid claims in 2005 or 7.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 145 total number of paid claims for 2006 or 6.3 per 1,000 active, non-federal physicians. 118 paid claims in 2007.
Washington From 1995-2005, medical liability claims rose by about 3.5% per year, the average amount insurers paid increased 3.2% per year and the average amount insurers paid to defend doctors increased about 7% per year (State Insurance Office). Settlements and verdicts of $1M or more grew from 10 in 1993 to 39 in 2002. (AMA) 193 paid claims in 2003 or 11.8 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 167 paid claims in 2005 or 10.1 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 157 total number of paid claims for 2006 or 7.9 per 1,000 active, non-federal physicians.152 paid claims in 2007.
West Virginia 105 paid claims in 2003 or 22.8 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 79 paid claims in 2005 or 17.2 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) The state Insurance Commission reports that the number of lawsuits filed in state courts decreased from 379 in 2001 to 193 in 2005. 77 total number of paid claims for 2006 or 14.6 per 1,000 active, non-federal physicians. 59 paid claims in 2007.  The number of medical malpractice lawsuits filed in the state increased by 34% between 2004 and 2007 to 174 cases, according to data released recently by the West Virginia State Medical Association.
Wisconsin 112 paid claims in 2003 or 7.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 85 paid claims in 2005 or 5.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 67 total number of paid claims for 2006 or 4.0 per 1,000 active, non-federal physicians. 59 paid claims in 2007.
Wyoming 24 paid claims in 2003 or 24.6 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 27 paid claims in 2005 or 28 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 18 total number of paid claims for 2006 or 15.5 per 1,000 active, non-federal physicians. 13 paid claims in 2007.
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