Posts Tagged ‘Medical Malpractice’

Tort Reform Laws Don’t Lower Healthcare Costs

Friday, May 28th, 2010

     Medical providers, their professional associations, and lobbyists often claim that limiting recoveries in malpractice lawsuits will lower healthcare costs.  This is called tort reform, or as some of us like to refer to it, tort deform.  

      In 2004, Ohio passed a law limiting verdicts for pain and suffering to $250,000 except in catastrophic cases, restricting punitive damages and making it harder to take a case to trial.  Healthcare costs have continued to increase there despite this legislation.  According to the Kaiser Family Foundation, by 2008 the average family healthcare premiums were $11,425, an increase of 19%.  

     Neighboring Kentucky, on the other hand, did not enact similar legislation.  Nevertheless, Ohio’s increase in healthcare costs were greater than the increase in healthcare costs in Kentucky. 

     Pennsylvania, so far, has not enacted this type of legislation.  Let’s hope that the Pennsylvania legislature continues to protect victim’s rights in bringing lawsuits for fair compensation.

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New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution

Thursday, April 15th, 2010

             In a recent article published in the New England Journal of Medicine (March 31, 2010), the authors recognize that traditional methods of malpractice reform, such as state caps on non-economic damages, may not be working.  As noted in the article, this past February the Illinois Supreme Court ruled that the state’s cap was unconstitutional. 

            There are three distinct types of “disclosure and offer” programs.  To discourage lawsuits, each of these programs encourage candid disclosure about medical injuries, apologies when appropriate and providing for the patient’s financial needs, in at least a limited way.  

            Early resolution of malpractice claims is a laudable goal. Some of these programs, however, require the patient to give up his right to sue. This compromises the rights of an injured victim at his most vulnerable moment. 

            Malpractice reform should focus on improving healthcare. It should also focus on disciplining the “repeat offenders” who are responsible for much of the problem.

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