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Medical Malpractice LawThe topic of medical malpractice law has become an increasingly prevalent topic in the media. With some states classifying its current medical malpractice law to be in a "crisis" classified condition, lawmakers, medical professionals, lawyers, and insurers have been debating what type of medical malpractice law reform will help turn things around. The controversy has been gaining momentum over the last few years and is sure to be a focal point in upcoming elections. Some states and lawmakers have already passed or are pushing medical malpractice law caps, which put a limit on the amount of non-economic damages awarded. While those in support of the medical malpractice law changes that place caps on damages claim that doing so will eliminate "frivolous lawsuits" and in turn reduce the high insurance rates, consumer groups, lawyers, and victims of severe medical malpractice cases see caps as a violation of rights. Medical malpractice laws that cap awards fail to make exception to even the most severe cases of malpractice, including death and debilitating injury. It has been argued that the only "crisis" that exists is the insurance industry's failure to take responsibility for raising their premiums to compensate for investment losses. Doctors have been criticized for using the insurance spikes as a scapegoat to blaming the legal system in order to get laws passed. So far, in states that have changed their medical malpractice laws to implement caps on damages there have been no changes on the insurance premiums. The insurance industry has been experiencing profit increases of almost 1000 percent in 2003. According to the Insurance Information Institute, the insurance industry's return on equity in 2004 is "likely to soar above double digits for the first time since 1997". In addition to the profitability of the insurance industry, the number of serious disciplinary actions taken against doctors in 2003 computed by the Public Citizen Health Research Group based on data from the Federation of State Medical Boards has shown that the majority of medical malpractice cases are committed by a small percentage of repeat offenders. Implementing stronger enforceable disciplinary actions for instances of malpractice and negligence can better eliminate any repeat offenders and protect the safety of patients. In August 2003, the GAO released a study that found the American Medical Association (AMA) and other medical provider groups created the "crisis" situation. The GAO found just the opposite to be true, and that five of the labeled "crisis" states had actually increased medical care delivered to patients and the number of doctors practicing in those states had not declined like the AMA had been claiming. The GAO found that the AMA's complaints were unfounded. As the medical malpractice laws continue to be scrutinized and debated by policymakers, consumer groups hope the long-term results are heavily considered. Every year, up to 100,000 people die and thousands of injuries occur because of medical malpractice. Changes in medical malpractice laws are needed but the rights of injured patients and surviving family members should not be limited. For more information on medical malpractice law, please contact us. |
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