Congressmen Press for Review on Medical Malpractice Litigation Reform
Medical Malpractice Litigation Reform in Review
The issue of medical malpractice reform is a long-standing priority of Republicans in Congress. Based upon a 2009 speech, Republicans believed they shared some common ground with President Barack Obama. President Obama stated, at that time, that he was willing consider legislation that placed caps on damages awards in lawsuits against medical providers. The president also agreed that, in some cases, doctors sometimes conduct unnecessary tests, simply because they fear being sued and believe that the superfluous tests will help guard them in the event of a malpractice claim.
Republican senators and representatives have issued strong critiques of the U.S. Health and Human Services Department, complaining that the department has failed to perform its duties regarding medical malpractice reform options, thehill.com reported.
Results of Medical Malpractice Cases Studied
In 2010, HHS, through the Agency for Healthcare Research and Quality, awarded more than $23 million to study malpractice reform. According to the Republicans, though, the funds have yielded little in the way of results. Obama’s 2009 “speech gave the clear impression that taxpayers’ monies would be spent, in significant part, on projects related to “traditional” medical malpractice reforms,” the Republicans asserted in a letter to Kathleen Sebelius, the secretary of HHS. Despite this, the Republicans complained that “it appears that none of the $23.2 million awarded has gone to researching or implementing ‘traditional’ medical malpractice reforms.”
The Republicans support a “traditional” reform policy like the approach advocated by the American Medical Association.
AMA Favors Caps on Medical Malpractice Cases
The AMA favors capping non-economic damages for medical malpractice suits at $250,000. Non-economic damages, which may include pain and suffering, emotional distress, loss of consortium or companionship, and other intangible injuries, are often the most unpredictable portion of a jury award. Reform advocates claim that this unpredictability causes malpractice insurers to charge significantly higher premiums, and the high cost of medical malpractice insurance, in turn, results in the extraordinarily high cost of healthcare.
“When no one is accountable, no one is safe.”
Opponents of such reform measures argue that such caps, which may also include abbreviated statutes of limitations and caps on attorneys’ fees, serve only to create an unfair impediment to access to justice for injured people. Mary Alice McLarty, president of the American Association for Justice, noted in a CNN.com opinion article that “98,000 die every year” as a result of “preventable medical errors.” Malpractice reform does not work, McLarty asserted, because “when no one is accountable, no one is safe.” McLarty also noted that one of key stated objectives of reform, reigning in healthcare costs, does not follow from traditional reform measures. She pointed out that Texas enacted a $250,000 non-economic damages cap in 2003, but that state’s healthcare costs have risen faster than anywhere else in the country.
Questions? Contact a Medical Malpractice Attorney
Medical malpractice reform will remain a hot-button political issue as long as healthcare costs remain so expensive. While limiting the cost of care is important, there is clear evidence that limiting compensation for victims is not the answer. Studies have shown the the entire cost of the medical malpractice compensation system are only about 1% of U.S. health care costs.
If you’ve been injured by negligence of a doctor or other health care provider, our San Francisco malpractice attorneys are here to help. Click now to request a free no-obligation consultation or call 415-541-0300 to speak with an attorney specializing in medical malpractice cases.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
