The issue focused on whether private medical insurance companies could collect medical malpractice payments from medical providers for medical errors. The medical malpractice insurance industry has long argued that medical errors are more common than medical malpractice insurance companies report.

In its brief, the medical malpractice insurance industry argued that medical malpractice insurance companies can only collect malpractice payments if medical providers make medical errors. The medical malpractice insurance industry also argued that medical providers who make medical errors have little incentive to stop them.

The medical