Reforming Medical Malpractice Lawsuits May Not Lead to Lower Healthcare Costs
Blaming Medical Malpractice Lawsuits for High Healthcare Costs
Many of us have been led to believe that medical malpractice tort reform would be an effective way to address the cost problem. Unfortunately, blaming medical malpractice suits as part of health care reform isn’t necessarily the answer to lowering healthcare costs. Two reasons: a strong consensus of experts agree that the costs of handling and paying medical malpractice claims amounts to less than 1% of our health care costs, and all the proposed “reforms” involve simply capping what a victim can collect, not sifting frivolous claims out of the system.
Ironically, these recovery caps affect only the meritorious, non-frivolous cases, where a claimant has been deemed entitled to compensation. In the past, California required a “certificate of merit” from a doctor before a malpractice claim could be filed in court. This type of measure might limit meritless claims.
Widespread Medical Errors in the United States
Numerous recent studies have shown that there is an alarming number of medical errors in the U.S., many of which cause death or serious injuries. An alternative way to cut the costs of payments to medical malpractice victims is to take measures designed to reduce medical errors. It would be of much greater benefit to us all to cut the costs by reducing the malpractice itself.
Of course, it is much easier to simply cap the health care providers’ responsibility for their mistakes than it is to increase monitoring and training to address the root cause of the problem. Whether or not we take any measures to reduce malpractice, further limits on compensation for victims will not have any meaningful impact on the costs of health care, and it will serve primarily as a cost-saving tool for insurance companies.
Making Physicians Responsible for Damage Claims
Some point out that making physicians liable for damage claims when they commit malpractice causes them to practice “defensive medicine,” ordering unnecessary tests, etc., in order to defend against any claims. No one, though, is proposing that we eliminate altogether our system for compensating medical malpractice victims. Limits on liability, then, will not prevent doctors from being concerned about liability, and taking steps to insulate themselves against future claims.
Our doctors’ concern about liability can actually benefit us as patients: who wants to see a doctor who is totally immune from any responsibility for his or her mistakes?
Contact Our San Francisco Attorneys if You’ve Been The Victim of a Medical Error
The medical malpractice lawyers at Callaway & Wolf in San Francisco have many years of experience handling these cases, and are available to discuss your potential case. Request a free consultation with a medical malpractice lawyer by calling 415-541-0300.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
