Policy Documents

Faulty Studies from Center for Justice & Democracy Are Stunting the Medical-Malpractice Debate

Ted Frank and Martin F. Grace –
April 24, 2006

Congress is scheduled to revisit medical-malpractice reform again this May.  Americans for Insurance Reform (AIR), however, has announed that the medical liability crisis is "over," in an attempt to short-circuit the upcoming debate.  This announcement is just the latest in a long line of faulty studies from AIR and its affiliate, the Center for Justice & Democracy (CJD), that have, unfortunately, insinuated themselves into and distored the national debate. To the extent one believes that the prices doctors pay for malpractice insurance present a crisis, the underlying causes of that crisis have not been addressed, even though rates are currently plateauing.  While caps reduce insurance costs, medical liability reform will likely require more than caps in the long run, and medical-malpractice insurance rates could be adversely affected by other legal developments in insurance law.