Guest opinion: In Defense of Jurors and Malpractice Victims
Billings Gazette (MT)
August 19, 2003


Insurance scam

Lawsuits and claims paid out by malpractice insurers haven't dramatically increased over the last three decades, but meanwhile doctors have seen astronomical premium increases. What gives? The consumer group Americans for Insurance Reform has studied insurance premiums and jury verdicts over the past 30 years. The fact is that there's no one-to-one connection between increasing premiums and the amounts of claims paid -- jury verdicts or settlements. It's a huge scam from the insurance industry, and it's an insult to our friends, neighbors, and peers, to all of us, who set aside family and work commitments and serve on juries.

Jurors are simply citizens, members of our community, pressed into civic duty, many times at considerable sacrifice. Probably no one loves jury duty, but it's critical to our democracy a jury can hold corporations and governments accountable. Both our United States and Montana constitutions provide for an explicit and fundamental right to trial by a jury in civil cases. If jurors are capable enough to put criminals behind bars, or even on death row, aren't they capable enough to make a reasoned decision in a medical negligence case?

Another fact: insurance companies make most of their profits from investments. When their investment income slips, they raise premiums.

Look at the AIR study (www.insurance-reform.org). Premiums aren't related to what juries do, but to insurers' desire to recoup losses on poor investments. How much handier to blame juries than to take corporate responsibility for gouging doctors because investment profits are lagging!

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For a copy of the complete article, contact AIR.