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In Search of the “Lawsuit Crisis”

Published online by Cambridge University Press:  28 April 2021

Michael J. Saks
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Extract

By now nearly everyone knows about the liability crisis. Municipalities, doctors, businesses, and others are paying soaring premiums for their liability insurance. The unlucky ones cannot find coverage at any price. The result is that services are becoming increasingly scarce and expensive. Curiously, the causes sound even more familiar. A new booklet being circulated by the Insurance Information Institute puts them succintly: “While our judicial system is basically a good one, it has been handicapped by unnecessary lawsuits, … exorbitant awards, and unpredictable results.”

Thus, the liability crisis is seen as a lawsuit crisis. The press and industry lobbyists overflow with stories of frivolous lawsuits, out-of-control damage awards, and a nation turned litigious. Accordingly, state legislatures around the country are preparing to solve the problem by modifying the laws that permit injured plaintiffs to seek compensation for their injuries through the courts.

If the lawsuit crisis exists, serious evidence of it should not be too difficult to find. in fact, the more awful the problem, the more plentiful and glaring should be the evidence. I have begun such an inquiry, but so far the hard evidence has been, to put it mildly, elusive.

Type
Legal Views of the Malpractice Crisis
Information
Law, Medicine and Healthcare , Volume 14 , Issue 2 , April 1986 , pp. 77 - 82
Copyright
Copyright © American Society of Law, Medicine and Ethics 1986

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References

Insurance Information Institute (IIT), The Lawsuit Crisis (April 1986), at 1.Google Scholar
Ladinsky, Susmilch, Community Factors in the Brokerage of Consumer Product and Service Problems, Working Paper 1983-14, University of Wisconsin Disputes Processing Research Program (1983).Google Scholar
Danzon, P., An Economic Analysis of the Medical Malpractice System, Behavioral Sciences and the Law 1: 39 (1983), links data from the California Medical Association and the California Hospital Association's Medical Insurance Feasibility Study (1977) with the National Association of Insurance Commissioners’ Malpractice Claims (1980).Google Scholar
Galanter, M., Reading the Landscape of Disputes: What We Know and Don't Know (and Think We Know) about Our Allegedly Contentious and Litigious Society, UCLA Law Review 31(1): 4, 28 (1983). It is now widely known that fewer than 10 percent of civil and criminal cases reach trial. The percentage of federal civil cases reaching trial dropped to 5 percent in 1984 (down from 8.4 percent a decade before). For a broad look at data on what happens to disputes from initiation to resolution, see id. at 4-71.Google Scholar
IIT, supra note 1, at 2.Google Scholar
National Center for State Courts, A Preliminary Examination of Available Civil and Criminal Trend Data in State Trial Courts for 1978, 1981, and 1984 (April 1986).Google Scholar
IIT, supra note 1, at 1.Google Scholar
Peterson, M.A. Priest, G.L., The Civil Jury: Trends in Trials and Verdicts, Cook County, Illinois, 1960–1979 (Rand Corporation, Santa Monica, Cal., 1982), at 17–20.Google Scholar
Julian, , et al., Investigation of Obstetric Malpractice Closed Claims: Profile of Event, American Journal of Perinatology 2: 320 (1985).Google Scholar
See, e.g., Danzon, supra note 3; California Medical Association, supra note 3; Costs, Risks, and Benefits of Surgery (ed. Bunker, J.P. et al.) (Oxford University Press, New York, 1977).Google Scholar
IIT, supra note 1, at 1.Google Scholar
Peterson and Priest, supra note 8, at viii.Google Scholar
The Consumer Price Index for all goods and services rose 93 percent in the decade from 1975 through 1984; for medical care it rose 125 percent (U.S. Bureau of the Census, Statistical Abstracts of the United States 1986 [Gov't Printing Office, Washington, D.C., at 477]). (The total losses by malpractice insurers due to suits represented one half of one percent of total health care costs in 1983.)Google Scholar
Peterson and Priest, supra note 8, at 18-19.Google Scholar
IIT, supra note 1, at 1, 2.Google Scholar
Peterson and Priest, supra note 8, at 20-23, 33-36.Google Scholar
Colgrove v. Battin, 413 U.S. 149 (1973).Google Scholar
See, e.g., Zeisel, H.,… And Then There Were None: The Diminution of the Federal fury, University of Chicago Law Review 38(3): 31 (Spring 1971).Google Scholar
IIT, supra note 1, at 2.Google Scholar