Or is that the problem at all, when studies have shown the number of malpractice cases in NY have remained static, and the increases in payouts are no larger than the increase in medical inflation. Which isn’t surprising since awards typically compensate for future medical bills.

And why are there doctors with 41 malpractice claims still practicing? And if NY is so bad, why is the number of physicians INCREASING faster than the rate of population increase even through the “crisis”? In 2002, NY was third in number of OBs per capita.

And of course, you all neglect to mention that money put aside in this fund was used for other purposes by the NY state govt. Hmm, think that contributed to the shortfall?

But hey, it must be the lawyers!

I guess math and statistics just aren’t your thing.

You are assuming that the high award defendant pool is a constant group of irredeemable repeat offenders that the rest of the medical community tolerates in its midst because, why . . . they just want to? Where is your proof of that? That sounds like hack trial bar talking points to me. If you look at distributions of outcomes, unless you expect every case to result in the same award (not the case, obviously) the big awards are going to be concentrated among a small number of cases. That expected finding is being twisted by disingenuous persons–not sayin’ you necessarily–into an allegation that somehow it is always the same group of malefactors responsible for these awards and it’s the doctors’ fault for not getting rid of them. To anyone inclined to use the brain for thinking, that is laughable. But nice try.

Says. . . . you?

Here’s the thing – they’re in YOUR risk pool. If people are getting popped in my insurance risk pool, and my rates start climbing, I want to know who they are, how many claims they have, etc. That info is available to you, I believe. At least you can find out who has multiple payouts.

So the question is not whether I know, it’s why you DON’T know.

Spare me the threats of all of you disappearing. You’re not going anywhere. Most of you can’t afford to pack up and leave, and there’s not going to be some rush to rural Texas or rural Mississippi or whatever other tort reform Meccas you think exist.

What makes you think that that 4% is unusual? It is normal that the majority of the payout will be concentrated in a small number of jackpot cases. Also why do you assume that it is somehow always the same 4%? Year-to year the cases and defendants change, although the specialties probably not so much–OB, neurosurgery and other high-risk specialties. Do you expect to banish all the high-risk specialists? Or are you naively and incorrectly proposing that rooting out that supposed “rotten” 4%–if such a group of chronic incompetents and derelicts exists (which it doesn’t)–that this problem of insufficient insurance will simply go away. Of course it won’t.

This is the endgame. This is where the predatory and greed-driven practices of the medmal bar leads us. This is where the equally greedy public, who want to think every loss is due monetary compensation from someone else, will finally see what they have been sold.

They can stop worrying about those 4%. They might start to worry how they will replace the losses from the other 96%, many of whom will not think it worth the price to remain their neighbors.