Malpractice Reform Would Save Little Money, Harm Patients Already Injured

by James Lewis

JIm is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

3/7/2010
James Lewis
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Malpractice Reform Would Save Little Money, Harm Patients Already Injured

Federal and state lawmakers continue to call for "tort reform" as a way to reduce overall health care costs. The politicians argue that making it harder for patients to sue health care providers who commit errors and capping awards to successful plaintiffs would save money. They are doing this despite growing evidence that malpractice verdict and settlement payments, and even the costs practitioners' bear for malpractice insurance, represent a very small fraction of the more than $2 trillion spent on medical treatments, surgeries and medications each year in the United States.

The latest data showing that efforts to cap malpractice awards and limit the numbers of reasons patients and their families can sue doctors, nurses, dentists and pharmacists for injuries or wrongful deaths are both unnecessary and unfair come directly from the largest pool of data regarding U.S. malpractice costs, the federally maintained National Practitioner Data Bank. The consumer advocacy group Public Citizen crunched the numbers on total health spending and malpractice costs from 2000 through 2009 and found the following:

Health care spending rose 83 percent while medical malpractice payments fell 8 percent. (Both figures are in unadjusted dollars.)
A total of 10,772 payments were made on behalf of doctors in 2009, totaling $3.49 billion. That figure equals 0.14 of one percent of the Centers for Medicare & Medicaid Services' estimated $2.5 trillion in overall U.S. health care spending for 2009.

Virginia is one of several states that cap monetary damage awards for victims of medical malpractice. While some states are reconsidering the fairness of such caps, and Illinois recently had its medical malpractice cap law declared unconstitutional, federal restrictions on victims rights may come under the guise of health care reform.

My colleagues and I have spent decades representing people harmed by medical mistakes, surgical errors, neglect by health care providers and incorrectly dispensed and administered medications. We have seen firsthand the pain, suffering and financial losses victims of medical malpractice incur. patients hurt by the mistakes or inattention of health care providers need to have the right to seek fair compensation for their injuries.

EJL

Category: Medical Malpractice/Doctor Mistakes

Labels: doctors drugs errors health care hospital error injured insurance Jim Lewis medical errors medical malpractice medical malpractice attorney medical mistakes medication mistakes nurse patient pharmacist prescription drug surgeons surgical errors

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.

While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

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Malpractice Reform Would Save Little Money, Harm Patients Already Injured

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