Medical Malpractice/Health care Liability Claims

Each year since 2013, the Tennessee Department of Commerce and Insurance has collected information on medical malpractice/health care liability claims from insurance companies.  The most recent report was issued on November 1, 2018.  The report focuses on claims made through 2017 and contains some interesting points.

Of particular note: only 2.08% of claims closed in 2017 had gone to trial, a drop of over 20% from the number of similar clams from the prior year.  Meanwhile, the percentage of cases brought to conclusion either by settlement or alternative dispute resolution increased by 7% over the prior year.  Of the 27 cases that made it to trial in 2017, 23 resulted in favorable rulings for the defendant and no damages were awarded to the plaintiff.  Only four judgments were entered in favor of the plaintiff.  The highest amount of damages awarded by final court judgment paid in 2017 was $579,854.  None of the judgments reported included punitive damages.

Claims remain constant

Although the number of claims made and the number of claims closed vary from year to year, the 2018 report shows there to be some relative constants when it comes to health care liability claims in Tennessee.  The total number of claims closed in 2014 was 1,645, while the total number of claims closed in 2017 was only 1,589, a difference of only 56 claims or 3%.   More significantly, 75% of claims were resolved by means other than judgment at trial, settlement or ADR in 2014, while in 2017 78% of claims were resolved in that manner.  In other words, the vast majority of claims brought are resolved with no money being paid to the claimant.

Top counties for claims

Another area of consistency in health care liability claims is in the counties where most claims are made.  The top five counties ranked by number of claims during the reporting year 2017 were Shelby, Davidson, Hamilton, Knox and Madison.  Not surprisingly, these counties also ranked as the top five counties in damages paid to claimants in 2017.   The top five counties ranked by number of claims reported in 2009 were Shelby, Davidson, Knox, Hamilton and Sullivan and the top five for claims paid in 2009 were Shelby, Davidson, Knox, Washington and Hamilton.