The Whole Truth About Medical Malpractice And Insurance
February 10, 2010
ITLA released a white paper entitled “The Whole Truth About Medical Malpractice and Insurance.” (Click on the link for a copy of the paper.) The paper examines and refutes the propaganda being spread by those seeking to destroy the tort system in Illinois.
98,000 People Die Each Year From Preventable Medical Errors.
February 9, 2010
Medical Error Leads to Congressman Murtha’s Death
While various news outlets have described the death of Congressman John Murtha’s (D-PA) as resulting from “complications following gallbladder surgery,” the Pittsburgh Post-Gazette is reporting that the “complications” involved an error by Murtha’s surgeons.
There Is No Epdiemic of Medical Malpractice Lawsuits
December 14, 2009
Medical negligence cases aren’t ‘frivolous’
Moreover, the term “frivolous lawsuit” has no application in medical negligence cases. Does Ms. House really believe that lawyers file frivolous medical malpractice lawsuits? Such a claim frankly is incredulous for several reasons: First, the law requires that a patient must file an affidavit with the court indicating that he/she has a letter of merit from physician(s) supporting the allegations of negligence. Without it, the lawsuit gets dismissed. Secondly, these cases are extremely expensive. Expert witnesses for both the patient and the health care providers are expensive to retain and to consult. That expense is borne by the attorney since the injured patient many times has no means of financial support. No lawyer is going to advance thousands of dollars to promote a case of futility. Finally, any lawyer who takes on a health care provider must educate himself with regard to the basic issues of medicine involved in the particular case. This research is extremely time consuming but absolutely essential if the lawyer is going to represent the client effectively.
Why would I or any other lawyer invest so much energy into a frivolous matter?
Keep Focus on Health Reform – Tort Reform Is A Red Herring!
December 7, 2009
Medical malpractice reform steers debate off course
Lawmakers in Washington should look to Florida as a example. Since caps on noneconomic damages and attorney fees were implemented in the state five years ago, malpractice claims paid by insurers have declined, and insurers have enjoyed consistent profits. Yet medical costs have continued to rise and are now among the highest in the nation, demonstrating that malpractice insurance premiums and jury awards make up a very small part of the overall cost of medicine.
While doctors have enjoyed lower insurance premiums and insurers have seen strong and steady profits, medical errors continue to claim thousands of lives every year, and serious errors happen more in the U.S. than in other rich countries, as the Robert Wood Johnson Foundation recently found. In Florida and other states with caps, the victims are finding it very difficult to retain qualified attorneys to take on their cases because the economics of the system have become heavily skewed in favor of the healthcare providers and insurers.
