Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

"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.