At the Maryland Injury Lawyer Blog:

We also have a medical malpractice case pending against the same doctor. In April, a jury in Baltimore found this doctor negligent in yet another medical malpractice case. …

… this doctor underscores that high malpractice rates are not from medical malpractice lawyers filing frivolous lawsuits. Instead, the problem is that 3% of doctors in Maryland are responsible for half the medical malpractice payouts (data from earlier this decade but I suspect it is still holding true). If these doctors are [fill in your own phrase for politely asked to stop treating patients], malpractice premiums in Maryland would plummet.

In Pennsylvania, I recall the number is 2% being responsible for half of all payouts.

IMHO, a significant contributor to this problem is the rarity of disciplinary action by the Board of Medicine. I don’t mean to blame anyone in particular — there are few complaints, few experts willing to testify against other physicians, insufficient resources to prosecute, et cetera — but the point remains that doctors have virtually no fear whatsoever of disciplinary action, regardless of their conduct.

Moreover, the MCARE insurance fund makes the problem worse, by removing market pressures that might otherwise make insurance unaffordable for these individuals.

And, of course, no post about these issues would be complete without mentioning that we have a crisis of new physicians, as medical schools still graduate the same number of new doctors as they did forty years ago. We need more doctors overall and fewer repeat-negligent doctors.