There has been a lot of focus on health care lately. Any time the government addresses the skyrocketing costs of health care, many politicians and pundits use it as a platform to perpetuate the myth of a "medical malpractice crisis," and call for reform of the civil justice system.
Interestingly, data commissioned by proponents of so-called "tort reform" reveals that radical restrictions on injured patients' rights would result in--at most--a 0.5% savings on national spending. Five tenths of a percent. Clearly, the effect of malpractice lawsuits has been grossly overstated.
Another myth perpetuated by those seeking to limit the rights of injured patients is that physicians are abandoning the practice of medicine. Once again, the data tell a completely different story. The American Medical Association just released physician data for 2008, and it shows that overall, the number of physicians in the United States increased to 954,224. This means that there is an all-time high of 309 doctors for every 100,000 people. Indeed, this data reveals that there are now twice as many physicians practicing than there were in the 1960's, when the American Medical Association began tracking numbers.
Perhaps even more startling is the fact that there are more doctors per capita practicing in states that have not limited the amount of money malpractice can receive as compensation for their injuries. In states without damage caps, there are 346 doctors for every 100,000 members of the population. Conversely, in states that have limited the amount of economic recovery, there are only 285 doctors practicing per 100,000.
These facts show that there is no significant correlation between medical malpractice lawsuits and national healthcare costs or the number of practicing physicians. Powerful insurance companies and medical industry insiders, however, have misled the public in order to maximize their profits at the expense of injured people.
On the other hand, curtailing the rights of injured persons to recover would have catastrophic financial consequences.
As medical malpractice attorneys, the lawyers at G. Eric Nielson & Associates specialize in helping people harmed by medical negligence recover fair value for their injuries. Our clients are school teachers, receptionists, firemen, carpenters, and other regular people who went to the hospital expecting to receive professional care, but who were injured due to negligence. They are not looking for a windfall, but they each deserve fair compensation for their injuries. Most of them never thought about suing a doctor or hospital until faced with the prospect of living their lives in pain, being unable to work, or worse, losing a loved one to wrongful death. These are the people who are hurt most by the insurance companies who are spending millions of dollars lobbying politicians to close the courthouse doors.
1 comment:
What about Senate Bill SB 145 Medical Malpractice Amendment.
This bill seeks to protect insurers from having to payout legitimate claims when doctors cause injuries to their patients. I understand that Utah has a low malpractice suit rate. Who is this bill really protecting? It’s the insurer.
The senator wants to reduce pain and suffering and place a hard cap on it. The people that will suffer from this are the injured and the state if a disability was caused. Those not able to afford care for themselves when the smaller awards are in place will seek state services which are always cut and substandard to begin with. Has he considered the additional state costs of Medicare and disability services through the DSPD when families and individuals run out of the smaller settlements? I wonder if Sen. Adams has thought this through.
Perhaps the greedy insurance companies should have more regulations on the premiums they charge the medical profession in Utah. They should have to justify the rates and rate increases. I bet it is business as usual for the insurance fat cats that ran this economy into the ground in the first place. They probably stuff their pockets with bonuses and other rewards while they drive doctors’ premiums up to pay for it. I urge the senate to vote down this bill. It is not the answer.
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