Rising Health Care Costs are Not Due to Medical Malpractice Lawsuits!

There is a huge push for tort reform.  The focus is particularly on medical malpractice cases.  Many states have enacted medical malpractice caps which limit the non-economic (pain and suffering) that a victim can obtain from court.  Other states, presently like Kentucky, are discussing and working to promulgate laws that make it harder to bring medical malpractice cases and to lower compensation for lawyers to discourage them.

But these all hurt VICTIMS.  These are preemptive to cut off the ability of victims to obtain justice.  We do not do this for any other facet of our legal system.  We would not dare to limit the motions or appeals that a criminal defendant could bring—someone who VIOLATED our laws.  So why limit what victims who were VIOLATED?

There are studies that demonstrate, while there are some frivolous lawsuits (which plague ALL areas of the law from foreclosures to contract to corporate to car accidents), almost all medical malpractice plaintiffs that recover compensation have been serious aggrieved.  Whereas the same studies find that some of victims who have been serious harmed end up getting NOTHING.  That is, more victims of medical malpractice end up losing than winning!  Sad!

But propounded of tort reform claim that this medical malpractice cases are what are driving up medical costs and insurance in general.

The real thing is to not reform “tort” cases which include medical malpractice.  REFORM MEDICINE!

In the two most recent and shocking cases discussed, one women had unnecessary brain surgery which is incredibly expense.  The rehab and post-error corrective surgeries are also very expensive.  And she still had to undergo the original surgery for her jaw.

Another mother went in for a hysterectomy and ended up with four amputations and a bowel surgery due to damage caused by the surgical team.  She also had significant post-error corrective surgeries and procedures, and will need medical assistance for the rest of her life.

The total surgeries were supposed to be two.  But the end result due to medical malpractice was EIGHT!  That is six unnecessary surgeries!

You want to lower medical costs?  How about doing it right!

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.