Tort reform has significantly improved the medical liability environment in Mississippi, a new study in the journal Obstetrics and Gynecology concludes. I wrote not too long ago about the types of reforms that took place in my state in 2003. Previously published research has noted a drop in the number of malpractice claims by 91 percent between 2004 and 2009.

The new research supports these findings. The author examines data from the Medical Assurance Company of Mississippi (MACM), which is the largest medical liability insurer in the state, from years before and after the tort reform legislation was enacted. The author found that there was a steep drop in lawsuits against physicians insured by the company after implementation (a 227% drop across all specialties). Additionally, medical liability premiums have been reduced and refunded each year between 2006 and 2010.  The author concludes that the findings “indicate an association between the implementation of tort reform legislation in Mississippi and a sharp reduction in the number of medical negligence lawsuits.”

Part of the reforms that were implemented was a cap on non-economic damages. The constitutionality of this provision has been legally challenged (Sears v. Learmonth), and oral arguments were heard by the Mississippi Supreme Court in mid-June. The court has yet to make a decision, but it would seem (from my perspective) that the cap is an integral part of the success of the reforms. To remove it would be to remove a lot of progress that we’ve seen over the past five years in terms of medical liability insurance.

What do you think? Do you support caps on non-economic damages?