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Medical Malpractice ReformMedical malpractice reform is a big topic in upcoming elections with health care being such a large public issue. Over the last several years, medical malpractice premiums have been increasing, causing a debate over how to reverse the trend. Lawmakers have been on different sides when it comes to how to handle the "crisis" situation some groups have labeled states to be in because of high insurance premiums while other groups deny a crisis even exists. As the debate over medical malpractice lawsuits continues, various proposals, studies, and cases have arisen in support of or against capping awards. A medical malpractice bill that would limit damages to patients most severely harmed by medical errors is being voted on for the fifth time, despite its already three-time rejection by the Senate. Some states have already passed medical malpractice caps, which have been supported and pushed by the medical field. According to Medical Liability Monitor, the average malpractice premium in states without the caps was lower than the average premium in states with caps in 2003. After medical malpractice reform has already become effective in many states, lawmakers and consumers were angered to discover the failure for caps to result with lower premiums. The Public Citizen consumer group has been actively fighting against medical malpractice reform that institutes caps because of its ability to also take away patients legal rights. These medical malpractice reforms do not consider the most severely injured individuals. "Frivolous" lawsuits have also been blamed for increasing insurance premiums and used as an argument for medical malpractice reform that supports capping damages. A report by Public Citizen found that ten times more claims are dropped than pursued based on Physician Insurer Association of America figures. Studies that were performed in California, Florida, North Carolina, New York, and Ohio have found that in relationship to the severity of injury and harm suffered, the jury verdicts had a "reasonable relationship". The consumer group's analysis of the federal government's National Practitioner Data Bank has found that just five percent of doctors in the U.S. are responsible for 54 percent of malpractice payouts. Based on these findings, the consumer group has been pushing for medical malpractice reform that focuses more on patient safety, including safety measures proposed by the Institute of Medicine. By establishing mandatory nationwide error reporting systems, identifying unsafe practices, and raising performance standards, the medical malpractice reform can eliminate the few doctors responsible for so many of the medical malpractice payouts or better discipline them to prevent any more future occurrences. In addition, the medical field continues to work some of the highest number of hours in the professional world, yet are responsible for the care and health of people's lives. It has been suggested that medical malpractice reform include limits on workweeks to eliminate instances of malpractice due to fatigue. For more information on medical malpractice reform, please contact us. |
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