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"Tort Reform" Unrelated to Health Care Costs

You can't open a newspaper or turn on a television or radio these days without hearing about health care reform. One term some politicians and pundits like to toss into that discussion is "tort reform."

 "Tort reform" refers to placing limitations on citizen's rights when they have suffered an injury at the hands of a wrongdoer. In the context of health care, it can mean limits on how much a patient can recover when he has been injured due to medical negligence, or making it more difficult for that patient to pursue his case.

Those in favor of "tort reform" argue that it will drive down health care costs. Not so, says Prof Gerard Anderson of Johns Hopkins' School of Public Health: "Tort reform as discussed in the United States would probably have very little impact. The states that have enforced tort reform have about the same amount of litigation-- and the awards are comparable-- as states that don't". (from 8/26/09 Baltimore Sun Article).

The federal government agrees. The Congressional Budget Office reports: "The evidence available to date does not make a strong case that restricting malpractice liability would have a significant effect."

Even giant insurance companies have to admit this truth. WellPoint has said that litigation and so-called defensive medicine "are not considered a recent significant factor in the overall growth of health care spending."

Don't be fooled. Under "tort reform", YOU lose, and the only winners are insurance companies.

If you or a loved one has been injured as a result of medical malpractice and you want to protect your rights, contact an attorney at Williamson & Lavecchia, LC.

Medical Malpractice Myths

President Obama has made reforming our healthcare system part of his agenda.  We certainly need reforms as far too many Americans can not afford healthcare and too many patients are injured due to medical malpractice.  I am certain that lobbyist for doctors, hospitals and insurance companies will push for tort reform as part of any changes in our healthcare system.  Tort reform is a misnomer as it suggests an improvement.  It does nothing of the sort.  What tort reform typically means is that a victim of malpractice is denied access to our courts and can only recover a relatively small amount no matter how egregious the malpractice or how severe the injuries.

I just read an article in a legal publication that challenges the myths supporting tort reform:

Myth #1: Medical malpractice costs are driving up healthcare costs.  Wrong.  The author explains that studies show that medical malpractice costs the healthcare profession very little, even though the victims may suffer tremendously.

Myth #2: The tort system does a poor job of determining when malpractice occurs.  The truth is that juries do an effective job of sorting out frivolous malpractice claims. 

Myth #3: Medical malpractice can be "fixed" through reform.  The reality is that the reforms proposed will do nothing to reduce the incidence of medical malpractice.

Speaking from personal experience, the problem with medical malpractice is not frivolous claims, it is frivolous defenses.  We have seen hospitals defending leaving sponges inside of patients, administering the wrong medications, and even operating on the wrong part of the body.  Medical malpractice costs would decrease significantly if hospitals, doctors, and nursing homes would spend less money making frivolous defenses and spend more on improving the care at the bedside.

Regards,

Josh Silverman