Skip to main content

602-648-3200

888-683-6835

Call us toll free

A new study published in the Journal of the American Medical Association is yet another in a long line of evidence based medical studies refuting the false notion that lawyers are filing frivolous medical malpractice lawsuits causing financial stress on the United States health care delivery system.  Here is a link. http://archinte.jamanetwork.com/article.aspx?articleid=1904758

The researchers concluded that defensive medicine (tests and procedures that are not medically necessary, but performed allegedly to defend against future malpractice claims) accounts for 2.9% of healthcare spending.  While not an insignificant number, the authors of the study note that it may overestimate the cost of defensive medicine because most of it has at least some legitimate medical purpose.  And don’t we want our health care providers to err on the side of caution, especially when the effects of not doing so can be devastating?

The researchers also concluded that tort reform is not likely to appreciably reduce the amount of what little defensive medicine there is and would likely come with its own costs. For example, restrictions on lawsuits insulating health care providers from liability for mistakes could increase the number of mistakes and promote sloppy medicine.  More concerning is the effect such restrictions have on the rights of patients who are seriously harmed, but may have little if any recourse when they become the victims of medical errors.  As an example, the value of non-economic damages capped at $275,000 in California in 1975 is worth only $57,000 in today’s dollars.  In other words, someone with a broken arm may receive no more than a person whose arm is amputated.

Don’t expect the cries for tort reform to be silenced anytime soon, despite there being virtually no research supporting its purported benefits.  The politics of the issue and the culture that has so effectively promoted misinformation about the subject are not going away.

TortReform

Posted in:
Uncategorized

Leave a Reply