tort reform Archives - New Jersey Medical Malpractice Lawyers

Medical Malpractice Lawyers and Litigation NOT Breaking Healthcare’s Bank

medical malpractice attorneys negligence new jersey philadelphia tort reform 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.

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.

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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 element to practicing medicine and serious malpractice victims deserve to be compensated.

Malpractice and Healthcare Costs

new jersey philadelphia medical malpractice attorneys discuss tort reform First, many argue that since insurance companies charge very high premiums for doctors to gain liability insurance, doctors charge their patients more money. Secondly, a doctor’s fear this his or her patients may sue causes them to act in different ways. Many physicians claim that their fear of a lawsuit causes them to order additional tests and procedures (a practice that has since been penned “Defensive Medicine“) just to protect against charges of negligence.

Since doctors pay more money for insurance to guard against lawsuits and order many additional tests, they claim that all costs will be lowered if medical malpractice payouts are reduced. This is a good theory on paper but may not be ideal in practice. Limiting damages in some cases may not be a major deal but, in other cases, medical malpractice attorneys argue that the malpractice has such a traumatic result on the victim that their compensation should not be reduced. In this country, we pride ourselves on having juries of our peers determine what an adequate result is at trial. Do we really want to tell the person who was left blind, brain dead, paralyzed, or permanently disfigured that they can only collect a certain amount of money because of a malpractice cap?

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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 increased health care costs. Medical malpractice attorneys argue that it is important to strike a balance in the tort reform battle.

Medical Malpractice and Tort Reform

new jersey philadelphia medical malpractice attorneys balance insurance costs capped damages
Some experts maintain that caps on damage awards from medical malpractice cases will reduce the number of “frivolous” lawsuits and therefore decrease the amount of malpractice insurance premiums. Some lawyers will claim that enacting these caps will have a much bigger effect by threatening to take away an individual’s rights to compensation following a preventable medical error. Frivolous lawsuits represent an extremely small portion of lawsuits and it is unlikely that a jury would return a verdict in favor of such a claim.

A second major issue discussed by some experts is that medical malpractice claims are driving up malpractice insurance premiums, causing a rise in health care costs. Medical malpractice attorneys have a different view and associate the increase in malpractice premiums with the sluggish state of our economy. Malpractice costs are less than two percent of total health care spending and therefore not likely the blame for the rise in health care costs in our country.

Medical Malpractice Attorneys in New Jersey and Philadelphia

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

new jersey philadelphia medical malpractice attorneys dangers damage caps Those anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?

Furthermore, what damage caps do is artificially allow bad doctors to stay in business and hurt other people. If damage caps are not utilized, attorneys will win judgments that compensate their clients, which are typically paid out by the doctor’s insurance company. When you lose a medical malpractice case, your medical malpractice insurance premium will increase and some of the worst doctors will be forced out of practice. However, with the caps in place, the consequences for practicing bad medicine are greatly lowered, and many of these dangerous doctors are still practicing.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have recently undergone a surgery, and have been the victim of medical malpractice or negligence, you should contact the Mininno Law Office. You and your family deserve compensation for your injuries. Please call our experienced professionals at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.

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

new jersey philadelphia medical malpractice attorneys truth about tort reform Two nights before President Obama’s State of the Union Address, Republican Phil Gingrey introduced a bill to the House that would severely limit the amount of compensation that victims of medical malpractice could receive. What’s a bit more interesting is who Phil Gingrey was before he sponsored a tort reform bill.

For 30 years before he was elected to congress, Gingrey was an obstetrician; an obstetrician who was involved in his fair share of malpractice lawsuits. And one of those suits settled for $500,000.

His patient, a young pregnant woman, had acute appendicitis that went undiagnosed, and therefore, untreated. The appendix burst and an infection spread throughout her body that killed her fetus and caused a severe stroke.

Medical Malpractice Lawyers in New Jersey and Philadelphia

It’s no wonder Phil Gingrey introduced a bill that would make it easier for negligent doctors to continue practicing negligent medicine; he used to be one of them.

Taking away the rights of injured patients is not the way to repair our health care system. Perhaps another route would be to fix the actual problem: the alarming frequency of injuries and death brought on by medical malpractice.

If you or a loved one have suffered medical malpractice at the hands of a negligent medical provider, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Lawyers Keep Debunking Tort Reform Myths!

new jersey philadelphia medical malpractice lawyers 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 public health) found that in states where tort reform legislation was passed, defensive medicine is still being practiced and doctors are still just as fearful of being sued.

Study Finds that Tort Reform Allegations are Simply Propoganda

Researchers achieved their results by ranking lawsuit risk on a state-by-state basis by the amount of claims actually paid by medical malpractice insurance companies. Research found that doctors who practiced in low-risk states (states that have passed their own tort reform legislation) had essentially the same amount of anxiety about being sued as doctors in high risk states (states that have not passed any type of malpractice reform). Defensive medicine is still being practiced, and therefore tort reform did not lower health care costs. The study stated:

“Overall, the study suggests that current tort reform efforts aimed at reducing malpractice risk would be relatively ineffective in alleviating physicians’ concern about lawsuits and therefore may not alter defensive medicine practices.”

Tort Reformists Ignoring Real Issue

What is alarming is that recent studies have shown that medical malpractice is not decreasing, despite defensive medicine and other efforts. A study of 10 North Carolina hospitals published in the New England Journal of Medicine (read our blog regarding this study) assessed 2,300 random patient files. Of those 2,300 patients, 39%endured some sort of medical error or patient harm. Seventeen errors resulted in permanent injury, and fourteen resulted in death.

It seems that more time and effort should be spent on correcting the horrid rate of medical errors, rather than saving HMO’s and negligent medical providers money. While tort reformists and insurance lobbyists push to limit liability and cap damages for injured patients, doctors and hospitals continue to harm patients at an unacceptable rate. It looks like priorities in this matter have been seriously skewed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the team at the Mininno Law Office earn you the compensation you need and deserve.

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 for insurance companies in hopes of sparking competition within the industry and subsequently lowering premiums.

new jersey philadelphia medical malpractice lawyers Overwhelmingly Opposed Tort Reform White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems.

Illinois and Georgia have recently struck down state-wide caps on liability, arguing that they violated their state constitutions. Liability caps are an unfair advantage to insurance companies and severely negligent medical providers, as it is in the worst cases that juries are inclined to offer large sums of money for pain and suffering.

California has been using a cap system since 1975 and claims that those caps are what keep insurance rates low. However, consumer groups in the state maintain that California’s regulations on insurance rates are what serve to keep premiums low, not their caps on liability.

Medical Malpractice Lawyers in New Jersey and Philadephia

If tort reform is a way to keep premiums low, why not skip the middle man and fix the actual problem; insurance companies charging astronomical amounts of money to protect their clients. Limiting the awards to an injured victim of malpractice may or may not change insurance premiums. Without regulations on the industry, insurance companies will remain free to charge whatever they like. The answer to our current healthcare problem cannot be found by limiting patient rights.

If you or a loved one have suffered at the hands of a neglient medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and deserve.

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

new jersey medical malpractice lawyers republican phil gingrey — Republican Phil Gingrey (R-GA)

The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, or HEALTH Act. Supporters of the proposed legislation claim that reform of the medical liability system is necessary to lower healthcare costs. But the Congressional Budget Office has estimated that such reform could only save, at most, .5% of all healthcare costs. Furthermore, the bill does nothing to support an American people that loses up to 100,000 lives a year to medical negligence. With caps on liability, the bill serves as a government hand-out to physicians, insurance companies, nursing homes, and even pharmaceutical companies, that act with negligence and greed, and harm patients and consumers.

Limiting liability and removing many patients’ rights to a jury trial will only further the country’s current medical negligence problem that continues to worsen. What motivation is there to provide better care when accountability lessens? If healthcare reform is the question, sacrificing patients’ rights is not the answer.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Medical malpractice lawyers everywhere are fighting the passage of medical liability reform legislation. Patients are injured everyday due to the practice of negligent and careless medicine, and many need compensation to carry out the rest of their lives.

If you or a loved one have suffered at the hands of a negligent medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let our team fight for your rights to full and fair compensation.

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

new jersey philadelphia medical malpractice lawyers president obama tort reform 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 irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.

Medical providers and manufacturers have great responsibilities to those that lend them their trust. Patients put their lives in the hands of doctors and surgeons. Consumers put their lives in the hands of manufacturers. Limiting the liability that these figures would be responsible for would only assist in diminishing the importance of those responsibilities. Many states in the US have already begun putting in place their own tort reform legislation; reform that includes caps on damages. For a family of five in Texas with a working mother that died due to a cancer misdiagnosis, a medical malpractice lawsuit could reap no more than $250,000. This amount of money would hardly cover medical bills, let alone take care of the remaining family members in the absence of their mother’s income.

Allegations that the tort system costs the health care industry billions of dollars a year are constantly debunked. Health Affairs, the leading journal of health policies and research, estimated that less than 2.5% of all healthcare costs can be attributed to medical malpractice litigation. And while tort reformists argue about “frivolous lawsuits,” they never seem to mention the “frivolous defenses.” Medical providers who have made irrevocable mistakes, instead of taking responsibility and compensating accordingly, mount “frivolous defenses,” paying high priced lawyers and medical “experts” to argue that the medicine they practiced was on par with the standard of care.

While most doctors strive to heal, there are those that strive only to gain money and power. These doctors will cut corners and practice negligent medicine, and it’s these doctors that must be held liable. How can we protect patients and consumers when we are restricting punishment and restitution for their harms?

Medical Malpractice Lawyers in New Jersey and Philadelphia

So often, the media taints it’s picture of medical malpractice attorneys and their fight against medical negligence. It is a widespread belief that these “ambulance chasers” want nothing more than money, and they’ll get it any way they can. This couldn’t be further from the truth. Medical malpractice attorneys work on a contingency basis, meaning they work for free unless they win. And they work on the side of justice, hoping to earn compensation for those who have been seriously injured and affected by negligence.

If you or a loved one have suffered due to medical malpractice, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the Mininno Law Office team work to earn you the compensation you need and deserve.

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

new jersey philadelphia medical malpractice attorneys Tort Reform Strikes Again Wisconsin 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 practice careless, dangerous, and sub-standard medicine.

Provisions of the bill include:

Limiting non-economic damages. These damages include payment for loss of companionship, mental distress, or pain and suffering, among others. Payment would max at $750,000 for medical malpractice cases in nursing homes. The $750,000 cap is already in place for medical malpractice cases in hospitals or private practices.
Limiting punitive (punishment) damages. Punitive damages would be reduced to $200,000, or twice the amount of compensatory damages – whichever is higher.
Raising the criteria for winning punitive damages. With the passage of the bill, plaintiffs will have to prove that the accused acted with “intent to cause injury to a particular person,” or with the knowledge that their actions would lead to an injury.
Preventing the admission of certain reports as evidence. Reports from state regulators, or statements from employees of a health care provider, would no longer be admissable as evidence in civil or criminal cases.
Changing Expert Standards Qualifications for those who can provide expert testimony would be raised.

The bill’s provisions could do a lot of harm to a patient’s right to compensation for serious injuries caused by medical malpractice or nursing home abuse.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort reform supporters who boast it’s economic benefits don’t tell you that those benefits only speak to large corporations and insurance companies who proft from the limited liability that tort reform precipitates. Innocent people, like you and I, who have been seriousley and permanently injured by a negligent or careless doctor, hospital, or nursing home see no benefits at all from capped damages and limited liability.

If you or your loved one has suffered medical malpractice at the hands of a negligent medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and rightly deserve.