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 Continue Discussion About Tort Reform

Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human … [Read more...]

Medical Malpractice Attorneys: Insurance Costs and Capped Damages

Within the recent whirlwind of tort reform debates, two topics consistently raised are the rising cost of insurance and the potential of capped damages. Victims of medical negligence, such as patients and their families, do not like the idea of capped damages because there is a possibility that capping damages could prevent victims from being fully compensated. Doctors, on the other hand, are fearful of the rising cost of insurance. This group of people will claim that if a high number of medical malpractice claims reach trial, this will force physicians to acquire more insurance which will be pushed off on to the general public, leading to … [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 Reveal Truth About Tort Reform Supporters

Reform of the medical malpractice tort system is probably something you've heard a great deal about recently. It seems that there are people who believe that the way in which injured victims of medical malpractice and negligence are compensated in this country is sufficiently flawed. These supporters propose caps on damages and harder restrictions on what constitutes medical malpractice. So it's no surprise that these supporters include medical providers of all sorts, insurance companies, and pharmaceutical giants. House Bill to Reform Medical Malpractice Litigation Two nights before President Obama's State of the Union Address, … [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...]

Response to Republican Malpractice Bill

Last week, Republicans introduced tort reform legislation that would make serious changes to current medical malpractice liability and infringe upon the rights of patients nationwide. Malpractice liability has been a hot topic of debate for quite sometime, and after the introduction of this bill, many people have varying opinions on the issue. HEALTH Act Unlikely to Pass While the bill has a good chance of winning passage in the House, it most likely will face intense opposition in the Senate. Senate Judiciary chairman, Senator Patrick Leahy (D-VT), has always opposed caps on damages and instead supports lifting anti-trust immunity … [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...]

Tort Reform Strikes Again, This Time in Wisconsin

On Tuesday, the Wisconsin State Senate passed new tort reform measures that have opponents (patients, patient advocates, medical malpractice lawyers, consumer advocacy groups) "up in arms." The bill, which is now headed to the Assembly, could severely limit liability to medical providers who commit medical malpractice in hospitals and nursing homes. Tort Reform Hurts Patients The business community is thrilled by the bill the Senate passed this week. Of course they are; the new measures make it harder to get sued! Patient advocates, however, view the bill as a shield for medical providers who injure or abuse in nursing homes, or who … [Read more...]