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A Crisis in Medical Malpractice: Evidence and Policy Solutions

Monday May 2004

PROFESSOR DANIEL P. KESSLER, Research Fellow, Hoover Institution, and Associate Professor, Graduate School of Business at Stanford University
DR. RICHARD BERKOWITZ, Professor of Obstetrics and Gynecology, Mount Sinai School of Medicine, New York City
DR. GARY S. EGLINTON, Chairman of the Department of Obstetrics and Gynecology, New York Hospital – Queens

Luncheon Keynote
PHILIP K. HOWARD, Vice Chairman, Covington & Burling, Founder and Chairman, Common Good

By 2001, fifty-two percent of all medical malpractice jury awards exceeded $1 million. In 2002, three of the top ten verdicts in the nation—$94.5 million, $91 million and $80 million—were returned in malpractice lawsuits in plaintiff-friendly New York City or its Long Island suburbs.

Although anecdotal evidence abounds of skyrocketing medical malpractice insurance costs, of doctors exiting markets, and of reduced access to care, our panel will shed a much more powerful light on these phenomena. Professor Daniel Kessler, who has led some of the top statistical work examining medical malpractice tort costs, will discuss the empirical evidence, and Drs. Richard Berkowitz and Gary S. Eglinton will examine the real-world costs faced by New York area obstetricians, who often face the largest malpractice verdicts.

At the luncheon, Philip Howard, a leading proponent of civil justice reform, the founder of Common Good, and the author of two books on the subject, talks about his own ideas for policy solutions to the medical malpractice liability crisis.