advocates outside of academia. Indeed, advocating win-win measures would require doctors, trial lawyers, consumer groups, and politicians to abandon their long-standing public positions. A conclusion that clearly emerges from a review of the literature is that there is a need for better data. Policy analysis in this area is complicated by the lack of a comprehensive public database of malpractice claims data (although a private database is maintained by the Physician Insurers Association of America). If insurers would open nationwide claims data to researchers, it might be possible to gauge the effects of state ADR programs and certificate-of-merit laws. Legislatures and insurance regulators should consider mandating uniform public reporting of closed malpractice claims data. Finally, it should be noted that analysis of closed claims files by the American Society of Anesthesiologists has resulted in important patient safety advances. Legislatures could speed up such analysis by allowing insurers to share open claims files with patient safety researchers without waiving the insured’s attorney/client privilege. 1 J. Rothschild and L. Leape, The Nature and Extent of Medical Injury in Older Patients (AARP Public Policy Institute, September 2000). 2 M. Taragin et al., “The Influence of Standard of Care and Severity of Injury on the Resolution of Medical Malpractice Claims,” Annals of Internal Medicine 117(9) (November 1, 1992): 780-4; General Accounting Office, Report GAO-03-836, Medical Malpractice: Implications of Rising Premiums on Access to Health Care (August 2003); Ann Wlazelek, “Doctors’ Ad Campaign Baseless, They’re Not Fleeing PA, But Malpractice Straits Create ‘Hostile’ Climate,” Morning Call (March 24, 2002). 3 Testimony of Lawrence E. Smarr, President, Physician Insurers Association of America, Committee on Small Business, U.S. House of Representatives, February 17, 2005. 4 W. Viscusi et al., "The Effect of 1980s Tort Reform Legislation on General Liability and Medical Malpractice Insurance," Journal of Risk and Uncertainty 6 (1993): 165-86; P. Danzon, “The Frequency and Severity of Medical Malpractice Claims: New Evidence,” Law and Contemporary Problems 49(2) (1986):57-84; N. Pace et al., Capping Non-Economic Awards in Medical Malpractice Trials: California Jury Verdicts Under MICRA (Rand 2004); F. Sloan, et al., “Effects of Tort Reforms on the Value of Closed Medical Malpractice Claims: A Microanalysis,” Journal of Health Politics, Policy and Law 14(4) (1989): 663. 5 Viscusi et al. supra note 2; K.E.Thorpe, “The Medical Malpractice 'Crisis': Recent Trends and the Impact of State Tort Reforms,” Health Affairs (January 21, 2004) [Epub ahead of print]; F. Sloan et al. supra note 4. 6 Congressional Budget Office, The Effects of Tort Reform: Evidence from the States (June 2004). 7 N. Vidmar et al., “Jury Awards for Medical Malpractice and Post-Verdict Adjustments of Those Awards,” DePaul Law Review 48(265) (1998); D. Merritt and K. Barry, “Is the Tort System in Crisis? New Empirical Evidence,” Ohio State Law Journal 60(315) (1999). 8 Lucinda M. Finley, “The Hidden Victims of Tort Reform: Women, Children and the Elderly,” paper delivered at Thrower Symposium, Emory Law School, February 19, 2004. 9 Associated Press, “Lawmakers approve new subsidies for doctors' insurance costs,” November 20, 2004. 10 D. Nitkin and A. Green, “Lawmakers override veto on reform bill; Medical malpractice bill now becomes state law,” The Baltimore Sun (January 12, 2005); Ch. 5, Acts 2004 Sp. Sess., effective January 11, 2005. 13 11 D. Taylor et al., “One state's response to the malpractice insurance crisis: North Carolina's Rural Obstetrical Care Incentive Program,” Public Health Report 107(5) (September-October 1992):523-9. 12 J. Mayer, “Medical Malpractice Measure's Pros, Cons Less Than Clear,” The Oregonian (October 1, 2004). 13 Frank A. Sloan, Public Malpractice Insurance (Pew Project on Medical Liability, March 2004). 14 M. William Salganik, “Doctors’ insurance remedy?; ‘Rate compression,’ other plans considered,” Baltimore Sun (February 26, 2004). 15 New Jersey Medical Care Access and Responsibility and Patients First Act, P.L.2004, Ch. 17. 16 Free Clinic Assistance Program D.C. Code § 1- 307.21. 17 64.4 percent of all claims are withdrawn, according to Physician Insurers Association of America. PIAA Claim Trend Analysis, 2003 Ed. 18 Id. 19 Michigan Code § 600.2912c 20 Supra note 13. 21 Associated Press, “A question of merit in Delaware,” http://www.modernphysician.com/news.cms?newsI d=2950 (December 20, 2004). 22 S. Zuckerman et al. 1990. “Effects of Tort Reforms and Other Factors on Medical Malpractice Insurance Premiums,” Inquiry 27(2) (1990): 167- 82. 23 Patricia M. Danzon, “The Frequency and Severity of Medical Malpractice Claims: New Evidence,” Law and Contemporary Problems 49 (57) (1986) 28 Testimony of Harvey Rosenfeld, Foundation for Taxpayer and Consumer Rights, before the House Energy and Commerce Committee, Subcommittee on Oversight and Investigations, February 10, 2003. 29 Testimony of Jay Angoff before the Joint Hearing of the Committee on the Judiciary and the Committee on Health, Education, Labor And Pensions, United States Senate, February 11, 2003. 30 Testimony of Lawrence E. Smarr, President, Physician Insurers Association of America, before the United States House of