The REAL Medical Liability Crisis:
According to the National Academy of Sciences' Institute of Medicine, medical errors are responsible for at least 44,000 deaths each year in the United States and possibly as many as 98,000 each year. That is between 120 and 268 people per day. Yet, all over the country, all we hear about are how frivolous lawsuits are driving doctors out of business.
Picture, if you will, airplane safety falling to a level that killed 120-268 people each day. Would the President or anyone else have the huevos to step up to a microphone and complain that greedy lawyers and survivors should stop targeting the good airline people with bogus lawsuits? Because that is what the Republicans, the medical industry and the insurance business are doing.
A DC-9 airplane carries up to 90 passengers. Imagine the outcry if, every day, because of the negligence of the airlines or the plane builders, we had one to three of these planes killing 90 people each. People would not worry about capping the amount the liability of the providers of these defective planes. They would be screaming at the top of their lungs for safer air travel.
The truth is that there are vastly fewer medical malpractice lawsuits than there are incidents of serious medical malpractice. And if you are looking for frivolous lawsuits, the last place you are likely to find one is beneath the caption of a medical negligence case, which is almost always pre-screened -- at a significant cost of $750 to $2,000 -- by a medical doctor who evaluates the case to determine whether the patient's problem arose from a medical error, or was simply a bad result that is a risk of the treatment. I do not take medical malpractice cases. They cost a fortune to try, and they are exceedingly difficult to win, even if the doctor screwed up.
The most obnoxious part about the tort reform platform on medical malpractice is their combined cry that "frivolous lawsuits" are breaking the system, and their suggested solution of capping damage awards, usually at $250,000. Frivolous lawsuits get thrown out of court, often quite early, with motions to dismiss, and demurrers and motions for summary judgment. Those that get to trial result in defense verdicts. It is almost self-evident that a lawsuit that results in an award of $500,000, or $1,000,000 or $10,000,000 is not frivolous. You cannot take 12 ordinary people and convince them all to give someone a large sum of money for a frivolous purpose.
So caps on damages are not going to affect the frivolous lawsuits. They can only limit the compensation of the most severely harmed, highly deserving plaintiffs.
Even worse, caps on medical damages do not solve the claimed problem, namely, the rise of insurance premiums that were threatening to drive doctors from several geographic areas throughout the country. The 2003 Weiss Report found that despite caps on economic damages in 19 states, "most insurers continued to increase premiums (for doctors) at a rapid pace, regardless of caps." The report also found that insurers failed to pass along any savings to physicians in states with caps by refusing to lower their insurance premiums, and that caps only slowed the increase in the amount of damages insurers were required to pay out. (Weiss Report, 6/3/03.) Premiums are higher in states with caps than in those without. The average malpractice premium in states without caps was $35,016 in 2003. The average premium in states with caps was $40,381. (Medical Liability Monitor, 10/03) Malpractice costs are about $25 billion per year. In other words, well under two percent of health care spending. So a reduction of 25% in malpractice costs would lower health care costs by only about a half percent, and the likely effect on health insurance premiums would unnoticeable.
If the insurance company-backed Republicans win this battle, your life will be no better. You won't save money on medical bills. You won't get better health care. You won't have more good doctors to choose from. You life won't improve one bit. Your life will be no different at all. Unless....
Unless you are someday severely harmed by a doctor's error, like removing the wrong organ; or delaying the administration of a life-saving drug; or skipping a test needed to detect an early growth of cancer; or mishandling the birth of your healthy child, and having her delivered to you with severe brain damage. If any of these things happen to you, you will struggle to recover. There will not be enough money to pay the medical bills. There will be, at most, $250,000 for your family to split as compensation for the agony imposed upon you by your negligent doctor.
And if you think $250,000 is a lot of money, ask yourself this: if a medical testing lab was offering $250,000 in fees for participants willing to allow their babies to be rendered brain-dead, how many people (other than maybe Susan Smith) would answer that advertisement?
Recent Comments