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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