Medical Malpractice Lawyers and Litigation NOT Breaking Healthcare’s Bank

medical malpractice attorneys negligence new jersey philadelphia tort reformHealth 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.

Frivolous Medical Malpractice Defense Costs to the United States

Health and Human Services data shows that in 2008, the United States spent $7,681 per person on healthcare related costs.  Less than $200 of this sum is in any way related to medical malpractice law suits.  Although the “tort reformist” likes to blame this cost on frivolous lawsuits, what we never hear about are “frivolous defenses.”  Someone’s mother, father,  son, or daughter is injured because a medical provider took short cuts or didn’t follow basic safety rules of medicine.  Instead of accepting responsibility and making up for the medical mistake,  many times a medical malpractice insurance company will decide to mount a frivolous defense.  It pays thousands and thousands of dollars to high-priced lawyers and medical “experts” to fight the case.   Deny and Defend – even when decency and economics demand fair compensation. The family comes into court with a fair and legitimate case  and a jury turns them away with nothing. This happens every day – and it adds to this cost of health care

Medical Malpractice Victims vs. Tort Reformists

Tort reformists (and the insurance lobbyists who promote them) like to spin tales about the astronomical costs of medical malpractice litigation to the taxpayers and medical providers of America, but the Health Affairs study negates those accusations. It seems that the only people paying heavily for medical malpractice are those who commit it: negligent doctors and irresponsible pharmaceutical companies. Tort Reformists, medical malpractice insurance lobbyists, and corporate nursing homes all desperately want to prevent ordinary citizens from fair compensation for injuries that could potentially afflict them for the rest of their lives.  These tort reformists and HMO lobbyist supporters want the government to place caps on how much a jury is allowed to compensate injured patients. Imagine that. An elected official making a law that says a jury is not permitted to pay victims of malpractice fair compenation – no matter what. 

Is $100,000 for causing a young mother of 4 children to lose a breast to misdiagnosed cancer a fair cap? How about $250,000 for causing a father of 3 to spend a lifetime in a wheel chair; or $300,000 for a child who will live the rest of his or her life with a debilitating brain injury?  These governement proposed caps on mothers, fathers and children’s compensation  would also eliminate the possibility of punitive damages in the case of willful and intentional conduct. Research has shown that monetary punishments are one of the few effective ways to hold corporate wrongdoers accountable for purposelfully harming consumers in the name of profit. As for the medical field, most doctors are hard working, decent, and caring professionals. These doctors don’t need tort reform.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have been vicitmized by medical malpractice or negligence, contact Messa & Associates for a free case evaluation. NJ and PA medical malpractice attorneys at Messa & Associates, P.C. are experienced in earning fair and helpful compensation for those injured by medical negligence. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

To discuss your case immediately, click on the “CHAT LIVE” icon in the bottom right hand corner of your screen. Representatives are standing by to speak with you.

New Malpractice Idea: Will it Help or Hurt Patients?

President Barrack Obama is willing to consider alternatives to medical malpractice lawsuits by replacing them with such alternatives like appointing neutral experts for both political parties to look at medical appeals and allegations. The goal for this new idea seems to be to address medical liability and to cut malpractice insurance premiums for doctors. Okay, maybe it is a long process to go through a jury trial with a lawyer but weren’t the courts and justice system created for just that purpose to bring justice to the party that has the injury or suffered from medical malpractice. It seems to be that this new idea is only favoring doctors who are afraid of being sued later. All trial lawyers are trying to do is see that their clients, who are former patients of these doctors received the proper care possible. Once again this new idea seems to be in favor of only saving money and not actually helping the patients who need proper medical care. If so many doctors worried less about how much money everything was costing and focused more on proper medical care for all their patients then they would not have to worry about medical malpractice lawsuits. If though however, a medical error or problem does occur then in this country by law that person or patient is entitled to a trial and entitled to justice being done for them and their families. This new idea seems to be taking away trial rights in favor of saving money for doctors and insurance. People should continue to come first; money needs to stop doing all the talking.

For additional information on this new malpractice idea and the health care debate, you may visit this link

 

If you or a loved one has suffered due to a medical error, please contact a medical malpractice attorney right away. They will help make sure your case is heard and you get the medical care you deserve.

Lasik Eye Surgery may help you see more clearly, but how safe is it really?

The Food and Drug Administration announced on Thursday October 15, 2009 that it will start looking into the negative effects associated with corrective laser eye surgery. Some of these negative effects may include blurred vision and dry eyes. The FDA is going to work with the National Eye Institute and the Department of Defense to investigate the amount of people that experience negative side effects after having this corrective eye surgery. This research will include patient questionnaires and clinical trials to help keep track of patients who have had the surgery. These procedures by the FDA will hopefully help in be able to better understand the effects of laser eye surgery and its long term safety, because it is still unknown. Approximately six million Americans have had this Lasik eye corrective surgery which reshapes the cornea, but the long term safety has been unknown. It is good that the FDA is investigating the negative side effects that people could experience, but it may have been better if they would have done this before six million people have had the surgery. There were years of complaints from patients and the FDA just now decided to step in and look at the problems. Part of this reason seems to be because these types of surgeries cost between a thousand to five thousand dollars to perform. It seems like yet again, money is put before patient care and safety. This is not the way it should be. Maybe the FDA should take a better look at its policies too. Patients should always come first.

For additional information on the effects of corrective laser eye surgery you may visit: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/default.htm

If you or a loved one has experienced negative side effects due to laser corrective eye surgery, contact a medical malpractice attorney right away. They will help you advocate for the medical care you deserve.

Animal Safety Tips to help protect your Children

Animals are a wonderful thing and can be very good for children. They can teach them how to be responsible, how to be gentle, how to be calmer and not yell around the animals or scare them. Finally, it can be a really rewarding learning experience for the whole family. Too often though, children do not know to behave around animals and they end up getting diseases or bites from animals. Due to these problems the Center for Disease Control or CDC has recommended some basic safety tips for parents and children for good animal care for them and the animals. These tips include:

  • Children under five years need to always be supervised while with animals
  • Do not allow children to kiss animals or put their hands near their mouth or eyes after touching animals
  • Make sure children wash their hands well with soap and water after touching animals
  • Animals such as snakes, lizards, turtles, frogs and other similar animals should be handled with special care around children due to the spread of disease

So many children and other family members get bite by animals and get other diseases due to lack of knowledge about animal safety. These simple tips can help prevent these situations now and in the future.

For more information on animal safety tips and recommendations, you may visit: http://www.cdc.gov/HEALTHYPETS/child.htm

If you or a loved one has suffered an injury due to an animal, please contact a personal injury attorney right away. They can help you get the medical care you and your family deserve.

Bayer Warned by FDA for YAZ Testing Problems

The birth control Yasmin or Yaz has caused much controversy and concerns since it was first brought on the market back in March. Many people are concerned about the serious side effects of the pill and how Bayer seemed to have made these side effects not seem as serious as they are. Another thing that Bayer was warned about by the Food and Drug Administration or the FDA that they did not think was a serious problem was the testing of the quality of the pills. It measured the quality of its ingredients based on an average of several samples instead of reporting the individual test results of each sample like they should. Bayer then continued to ship eight batches of pills tested using this unapproved method to the U.S. The drug patches were reviewed after the FDA’s warning to Bayer, but Bayer says the batches shipped between 2007-2009 were not affected by this unapproved testing method. Since this warning, the FDA now requires that Bayer provide a full list of the shipments to the U.S. that may have used this average testing method and to require Bayer to come up with a plan to prevent the problem from happening again.  Bayer has produced many important medications that many people use and depend on daily. Maybe this method has not caused any real problems, but when it comes to the medicines we give ourselves as well as those we love, double checking does not hurt. It seems like this time Bayer may have gotten overwhelmed by the money they were making that they overlooked some safety measures. Safety however always needs to and should come first each and every time.

For more information on the Bayer testing methods for Yasmin, you may visit: http://www.app.com/article/20090915/NEWS/90915067/FDA+warns+Yaz++Yasmin+manufacturer+over+testing+problems or www.fda.gov

 

If you or a loved one has suffered possibility due to the side effects of Yaz or Yasmin, please contact a personal injury attorney right away. They will help get your case heard and help you get the care you need and deserve.

Chamber of Commerce Attacking Legal System through Radio Ads

In this country, we all have the right to hold another person or party, or even corporation responsible for their acts of negligence, malpractice and other cases of harm. Recently, the Chamber of Commerce has entered the radio advertisement arena in an attempt to protect its high standing members from these lawsuits and claims of negligence. They claim that this is to protect people from meaningless lawsuits, but these ad campaigns are supported by the same people that the Chamber of Commerce is trying to protect, including oil, tobacco, and insurance companies. It seems to like the Chamber of Commerce does not really care about proper care and practices for individuals and Americans, it seems like they care more about protecting their highest paying and loyal supporters. Once again money is put before rights and in this country people have fought for those rights and they deserve the chance to exercise them when the situation calls for it. People’s rights and needs should come first before money, but once again, this is not the case. If people listen to the ads of the Chamber of Commerce than people will not be able to sue for neglect or abuse of a loved one in a nursing home, or a injury due to a product defect or the injuries that can error due to improper label of products. If the members of the Chamber of Commerce were injured due to malpractice they would want to have the right to sue, so other people deserve this right as well.

For additional information on the Chamber of Commerce radio campaigns, you may visit:

http://www.politico.com/news/stories/1009/28211.html

 

If you or a loved one feels you have been injured due to medical negligence, please contact a malpractice attorney right away. They will help you get your voice heard and your rights protected.

New Health Legislation may not provide Coverage for Everyone

The health legislation concerns still keep going and going. The Democrats have celebrated that the bill created in the Senate Finance Committee would not increase the deficit, but it may not actually provide coverage for every American as previously promised. Yes, the bill will cover the expensive and possibility the sickest patients, but it will pose an insurance risk to other people by making them pay even more in health care coverage. This will lead to people once again not being able to afford coverage and then again having not everyone receiving health insurance coverage. The health care reform was supposed to provide health care coverage for as many if not all Americans. This does not seem to be the case since health insurance will increase their costs for those with insurance making those with insurance unable to afford it. This means less injuries and health problems for those that are covered by the new health care reform and unaffordable insurance and more injuries and problems for people that already had health insurance. This seems like the bill will not actually be able to deliver what was once promised. Patients and proper health care should come first, but yet again, money and profits are still being put first. When will our system get up to speed to places like Europe where if you have an ehic card, that’s probably all you are going to need for coverage. We need to make sure that not only is every American able to afford coverage but that this coverage will provide proper medical care and less malpractice and injuries for patients.

For more information on the new health reform debate, you may visit: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/08/AR2009100801732.html

 

If you or someone you love feels like you have not received proper medical care, please contact a malpractice lawyer right away. They will help you advocate for your rights to receive proper medical care.

Support is Gaining for Health Care Reform, but will it really benefit everyone?

According to an Associated Press poll today, October 7, 2009, the country is spilt forty-forty about whether or not to oppose or support the new health legislation. This includes more seniors supporting the health legislation than back in September. This is very good news for many people, after all, having health coverage for everyone is a great plan, but will it really benefit everyone. The money to provide everyone with health care coverage has to come from somewhere and it means that programs such as Medicare and Medicare and long term care facilities services will be cut to help provide these services as well as cuts being made from many other programs that allow seniors and other people proper medical care and training which helps to prevent abuse. The president’s intentions seem to be great but is the whole picture being looked at? Health care coverage for everyone is not the only thing at stake. People getting proper medical care and services is also at stake. Taking services from people that really need them in order to make sure everyone has coverage seems like a contradiction. Everyone having medical coverage should mean that more services and opportunities are provided, but instead they are being cut and taken away from people that really need them. This means more injuries and abuse if the proper care is not provided. The president wants programs that prevent sickness and illness yet cuts are being made to the services already provided, that just seems wrong. This plan is a good idea, but if you say it will benefit everyone than it really should, and right now it is clear that it will not.

For additional information on the new health care reform poll, you may visit: http://news.yahoo.com/s/ap/20091007/ap_on_bi_ge/us_ap_poll_health_care

If you feel that you or a loved one is not getting the proper medical care or treatment, please call, a medical malpractice lawyer right away. They will help you advocate your case and get you the good medical care you deserve.

Death Being Investigated of Woman who Took Yaz Birth Control

The Bayer AG company in Germany is having its Yaz Pill investigated by the Swiss Health regulator has part of the reason a woman may have died. The woman was said to die from the effects of a pulmonary embolism and had been taking the pill for ten months. These types of problems are the rare but serious side effects of taking hormone-based contraceptives such as Yaz. It is true that just because this one woman may have died due in part as a result of Yaz, that not all woman are at risk by taking Yaz. This story though among others makes people start to wonder why the Bayer Company tried to cover up the serious side effects of this pill. Is it because money truly talks and Yaz is a huge money maker for Bayer? Or is it because all birth control pills have their risks so they did not see the need to mention them? Or finally is it because they really did not think the risks of this Yaz Birth Control pill were that serious? Whatever the case, people should know all the risks of any medicine they take, big or small, no matter how good the medicine may be or how much money the company may make. Consumers have the right to know what they are consuming.

For more information on this specific story, you may visit:

http://www.bloomberg.com/apps/news?pid=20601085&sid=aPSvNPx7m.n4

If you or a loved one has suffered due to the possible effects of Yaz, make sure to contact a personal injury attorney right away. They can help you get your case heard and get you the care you deserve

Film about Health Care Reform and What Went So Wrong

There has been so much debate about health care reform, that now there is even a film about it. This film will be called Money Driven Medicine and is produced by Alex Gibney and is based on a book also called Money-Drive Medicine by Maggie Mahar. This film will show that the U.S. has spent more on health care when it becomes an emergency situation and less money on how to prevent diseases and sicknesses in the first place. It will talk about how we might receive more medical care, but not necessarily better medical care. Based on how the Health Care reform debate is going on now, this may be right. This country has many resources and all the technology for good medical care, but it seems as though we wait to use it until patients come in seriously ill with chronic problems or illness. If we spent more time preventing the abuse and injuries going on in nursing homes, or with consumer products, or even with driving safety than maybe we would not have to spend so much about expensive medicines and technology and there may not be as many medical malpractice lawsuits. So instead of focusing on more care, maybe the debate needs to focus on ways to prevent injuries, abuse, and sicknesses in the first place. If this country did that, maybe we could save enough money to get everyone health care and proper medical care. We need to focus more on patients and less on expensive medicines and equipment and how to cut costs. Without patients to care for, we won’t need all that, so patients need to come first. They should always be the first concern.

For more information on the film Money-Driven Medicine, you may visit: http://www.moneydrivenmedicine.org/about-mdm

If you feel that you or a loved one has been the victim of abuse or an injury that could have been prevented, please call a malpractice attorney right away. They will advocate for your rights and those of your loved ones to help you get proper medical care.