Governor Cuomo of New York has proposed to cap medical malpractice awards at $250,000. A New York legislator, Deborah Glick, has submitted a bill capping hospital CEO salaries at $250,000 also. If $250,000 is enough to cover a lifetime for a medical error, according to Ms. Glick, then it should be enough for a CEO's yearly salary. What a refreshing idea! … [Read more...]
Many Doctors Disciplined But Escape Licensing Action
March 18, 2011 by
According to the National Practitioner Data Bank, from 1990 to 2009, over 10,000 doctors had clinical privilege actions. This means restriction or revocation of their privileges. However, almost 6000 of these doctors had no action taken against them by their state licensing board. Almost 2000 of these doctors had the most serious violations. The state licensing boards are sleeping on the switch. To improve medical care, let's weed out the bad doctors, not worry about tort deform which takes away patients' rights. For more information … [Read more...]
Less Medical Malpractice Lawsuits Being Filed in Pennsylvania
March 17, 2011 by
According to the Administrative Office of Pennsylvania Courts, in 2009 there were only 1,533 medical malpractice lawsuits filed in Pennsylvania. This represents a 42 percent decline in medical malpractice lawsuits in Pennsylvania since 2000. … [Read more...]
Tort Reform Laws Don’t Lower Healthcare Costs
May 28, 2010 by
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%. … [Read more...]
New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution
April 15, 2010 by
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 … [Read more...]
