MEDICAL MALPRACTICE SUITS ARE NOT THE REASON FOR OUT-OF-CONTROL MEDICAL COSTS
Although hardly mentioned, President Obama indicated during his State of the Union address last week that he is “willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year -- medical malpractice reform to rein in frivolous lawsuits.
What does that mean? To some, it means nothing. To big business, it is a “step in the right direction.” To patients, it can be their worst nightmare. Proposals like across-the-board caps on compensation for patients injured by medical negligence and non-economic damages caps leave injured patients with out recourse at a time when they need it most.
Let’s be clear here. As a personal injury attorney, I am no more a fan of frivolous lawsuits than the President, Republicans or any other prudent-minded attorney. This is something we agree upon; however, tort restrictions or caps on damages will never weed out frivolous suits. In the end, medical malpractice reform will cause the seriously injured to suffer more by removing avenues for legal recovery and limiting accountability for the negligent acts of doctors and hospitals.
Our court system currently possesses the power to dismiss frivolous lawsuits. In Illinois, for example, a plaintiff bringing a medical malpractice action must file a report from a health care professional attesting to the merit of the plaintiff's claims, pursuant to 735 ILCS 5/2-622. The report is generally filed at the time the complaint is filed. If a plaintiff cannot find a health care professional to attest to the merits of the claim, the case will be dismissed.
According to the Center for Justice & Democracy, the probable health care savings-costs related to medical malpractice reform are extremely minimal – no more 0.5 percent savings. Medical negligence kills nearly one hundred thousand people yearly and injures ten times more, costing the economy tens of billions of dollars annually.
