According to the Office of Inspector General of the Department of Health and
Human Services, 27 %, more than 1 in 4, Medicare patients who are
hospitalized experience some degree of harm due to medical negligence.
Rather than doing something to improve patient safety, those in favor of
so-called tort reform would rather take away the Seventh Amendment right to
a jury trial in medical negligence cases and prevent these and other
individuals who are harmed through no fault of their own from being fairly
compensated. Where is the justice in that?

http://www.oig.hhs.gov/newsroom/spotlight/2012/adverse.asp