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Too many medical malpractice lawsuits?

That is a claim that everyone has heard multiple times.  It is usually coupled with the argument that medical malpractice lawsuits are driving up the cost of healthcare and running good doctors out of business.  But is there any truth to these claims?

Law Professor Max Mehlman of my alma mater, Case Western, conducted an exhaustive study of these questions and found very little truth to many of these claims.  He found that the current system filters out meritless claims.  In fact, many victims of medical malpractice never hire a lawyer or file a claim because they do not know they are victims.  For example, if you are hit by a drunk driver you immediately know that you have a claim against the drunk driver.  Alternatively, if a relative dies on the operating room table the family often assumes that their relative died of natural causes as opposed to medical malpractice.  Obviously that assumption is true much of the time, but the point is that many times malpractice occurs and neither the patient nor the family is aware that they are victims of medical malpractice.

As to whether lawsuits are driving up the cost of healthcare, studies have shown that less than 1/2 of 1 percent of medical costs go towards medical malpractice insurance or claims.  With high healthcare inflation it is obvious that medical malpractice does not play any meaningful role in the cost of healthcare.

On the other hand medical malpractice lawsuits not only bring justice to victims, but they also encourage responsible medical care.  One of the purposes of medical malpractice lawsuits is to deter poor quality medicine.  For example, medical malpractice lawsuits against hospitals have led hospitals to take significant steps to improve patient care. In a recent case, the adjustor of a hospital told me that the hospital has taken new steps to prevent patients from developing pressure ulcers as a result of our case.  In other words my client may have helped save lives by holding the hospital accountable for his injuries.

Please return to our blog for more discussion on these issues or click here to send me an email with your comments and questions.

Regards,

Josh Silverman, Esq.