Medical Malpractice Lawyers and Litigation NOT Breaking Healthcare’s Bank

Health Affairs, the leading journal of health policy and research, founded in 1981 to support health policy education in the medical community domestically and worldwide, recently published the results of a study involving the cost of medical malpractice to the public. This well respected organization demonstrated that the "tort reformists" claim that medical malpractice litigation adds enormous costs to healthcare is simply a myth.   In fact,  Health Affairs estimated that less than 2.5% of all healthcare costs in the United States are in any way associated to medical malpractice litigations.  That's two and half pennies out of each dollar. … [Read more...]

Medical Malpractice Attorneys: The Tort Reform Battle

The spirited debate over medical malpractice litigation has been a hot button issue in the United States. Some believe that medical malpractice lawsuits are adversarial, unpredictable, inefficient, and costly. The other side of the coin is that these lawsuits are necessary to compensate patients who have been the victims of negligence. Medical malpractice attorneys believe that although there are negatives to these types of lawsuits, they are a necessary part of our jurisprudence and essential for patients in search of justice. Limiting Damages, Statute of Limitations, and Litigation is Bad for Patients Any medical professional who has … [Read more...]

Medical Malpractice Lawyers Inform of the Dangers of Damage Caps

There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system. What Damage Caps Do Those … [Read more...]

Medical Malpractice Attorneys and Judge Fight Caps on Damages

Circuit Judge, Ronald Wilson, joined the West Virginia Supreme Court on a temporary basis to hear a challenge to the state's law which capped non economic medical malpractice damages. Medical malpractice attorneys say that Wilson, although his position was not a majority among the court, acted as a strong advocate for victims of medical negligence who may seek damages. Some argue that non-economic damages, such as pain and suffering, are frivolous and should not exceed a certain amount for victims and their families. Wilson combated this argument by saying, "spend a day in their shoes if you think mental pain and loss of enjoyment are … [Read more...]

Medical Malpractice Attorneys: NC Governor Stands Up For Victims

Governor Bev Perdue of North Carolina took a major step in sticking up for seriously injured victims of medical negligence within the state. Governor Perdue vetoed North Carolina Senate Bill 33 which would have capped non-economic damages at $500,000 regardless of the severity of the patient's injuries. Medical malpractice attorneys believe that this is a great win for patients of medical negligence because they will be awarded a damages amount that they truly deserve, not a figure that was arbitrarily decided by a group of politicians. Malpractice Reform Won't Work if it Does Not Protect the Catastrophically Injured The damages for pain … [Read more...]

Medical Malpractice Reform Strikes in North Carolina

The North Carolina Senate has recently passed a bill that is expected to reform medical malpractice laws. Specifically, the bill will limit the amount of money plaintiffs can be awarded following a civil trial within the state. The legislature's hope is that with the liability of medical malpractice limited, higher quality doctors and medical personnel will stay within the state. The goals of the Senate also include a hope to lower health care costs because as liability decreases, the cost of medical malpractice insurance will also become lower. Although it is a great advantage for the state to have lower health care costs and more respected … [Read more...]

Medical Malpractice Attorneys and Doctors Meet at Summit in PA

This past Monday, April 25th, a health care summit was held at the Hyatt on Delaware Ave in Philadelphia, PA that focused on medical malpractice and possible tort reform in Pennsylvania. The summit was put together by Dr. Peter Kowey, a cardiologist at Main Line Health, and attendees included local doctors and attorneys. Medical Malpractice Summit Brings New Ideas for Reform At the summit, doctors maintained that tort reform is necessary because the threat of medical malpractice lawsuits forces them to practice “defensive medicine,” a system of ordering too many unnecessary tests in order to avoid being sued. Attorneys and patient … [Read more...]

Medical Malpractice Lawyers Keep Debunking Tort Reform Myths!

A key issue in the tort reform debate involves "defensive medicine." Supporters of medical malpractice litigation reform claim that "defensive medicine," usually in the form unnecessary and preemptive testing, is largely due to a widespread physician fear of lawsuits. They claim that these tests drive up the costs of health care, and that reducing a doctor's chances of being sued would simultaneously reduce the occurrences of defensive medicine, and thus reduce the costs of health care. However, a recent study performed out of the University of Iowa and funded by the Robert Wood Johnson Foundation (the nation's largest philanthropy devoted to … [Read more...]

House Introduces Malpractice Reform Bill

On Monday, Republicans introduced medical malpractice reform legislation into the House that, if passed, would greatly limit the rights of patients who have suffered injuries at the hands of negligent medical providers. The bill, sponsored by Republican Phil Gingrey (R-GA), an OB/GYN, Republican David Scott (D-GA), and Judiciary Committee Chairman, Republican Lamar Smith (R-TX), aims to place extensive limits on how and when victims of medical negligence can file claims. It also aims to apply one-size-fits-all caps on recoveries. The HEALTH Act The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, … [Read more...]

President Obama Mentions Tort Reform in his State of the Union Address

Last night, in his State of the Union Address, President Obama tenderly glossed over a subject that has been a source for much debate over the last few years; medical malpractice reform. The President stated that he was: "willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits." Tort Reform Hurts Consumers As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people's lives when negligent doctors make … [Read more...]