The detailed chart below shows how Physicians’ liability insurance premiums have continued to drop since the passage of tort reform. The reduction in liability insurance premiums provides a complete redistribution of wealth from malpractice victims to the proponents of tort reform. Patients and Attorneys The medical malpractice tort reform Act of 2003 has caused most attorneys, which focused on this area of law, to be unable to take on cases that are not financially viable.
Although medical malpractice caps vary by state, with caps in place, claimants in many states can recover only $250,000 in a law suit. After the costs of the case are deducted from this patient settlement award, many injured parties are left with close to nothing to fully compensate their injuries and/or pay their rising medical debt. As a result, many lawyers will refuse to take medical malpractice cases knowing that the injured party will have gone through the hardships of a trial only to receive little or nothing for their effort.
Unfortunately, for the patients involved in medical malpractice cases, caps to medical damages often mean that injured patients are denied their day in court. It has also been suggested that with the decrease in the amount of medical malpractices lawsuits actually cause some physicians to become more complacent with their care of patients. Previously to the medical malpractice tort reform, it was believed that physicians provided better patient care for fear of malpractice lawsuits. Negative Economic Impact of Tort Reform
The Term Paper on Medical Malpractice 2
... cases of medical malpractice arise within the health care system, determinations of fault and the assessment of financial damages are made through the tort ... (patient safety indicator, or PSI, events) was strongly associated with a reduction in the number of medical malpractice suits; ... typically are the key groups that advocate for malpractice reforms. A recent national survey of physicians found “high ...
While it is agreed upon that malpractice litigation has decreased since the enacted tort reform statute was put in place, Texas residents have realized few economic benefits. * Due to the massive increase in Texas population, the percentage of Texans who lack health insurance has risen. Solidifying the states distinction of having the highest uninsured rate in the United States. * As stated above, the per capita increase in the number of doctors practicing in Texas has been far slower than originally advertised. Medicare spending in Texas has risen far faster than the national average. An increase in the number of uninsured patients along with the increase in Medicare spending vastly deter from the potential benefits of tort reform and places the burden squarely on the taxpayers. Conclusion Despite the multimillion dollar campaign to show that the 2003 Medical Malpractice Tort Reform Act has been a success, the real world data tells the opposite side of the story. Health care in Texas has become more expensive and less accessible for patients since the tort reform caps took effect.
The benefactors of the system are the health care administrators (physicians, hospital systems and malpractice insurers) who escape accountable for errors. The citizens of Texas are the losers. This includes the victims of medical malpractice and the taxpayers who must pay for future increased medical costs.
