Weighing in on health care reform

Recently, a lot of attention has been given to talk about the need for health care reform. While President Obama is working closely with Congress to introduce legislation that will overhaul the existing health care system to make coverage available for all Americans, Republicans and other tort reformers are arguing that there is a need for a federal cap on malpractice awards as the remedy for our health care system.

Even though sound research clearly shows the legal system does not drive health care costs, inaccurate information about medical malpractice continues to plague honest debate about reforming America’s health care system. Health care reform is about making sure that every American has access to quality, low-cost health care, not about limiting the legal rights of innocent patients harmed by medical negligence.

Medical malpractice is a tiny percentage of health care costs – less the 1 1/2 percent of overall spending – according to the Government Accountability Office (GAO) and Congressional Budget Office (CBO). Restricting patients’ legal rights would have little to no effect on premiums or health care costs. Medical malpractice suits are less than one percent of the entire civil caseload, and have been declining for nearly a decade. The GAO and CBO have found no evidence of so-called “defensive medicine,” but instead determined that doctors run additional tests to generate more income or help diagnose patients.

Given that estimations of the cost of malpractice litigation is roughly on 2 percent of overall health care spending, economists don’t agree that tort reform (even in the most radical sense) would not significantly cut the costs associated with what Americans spend on health care. Studies show that malpractice lawsuits have the least impact on health care spending, with the aging population, advances in medical technology and an increase in those suffering from chronic conditions being the major causes for the trend in increased spending.

At DLG, know that there is no dollar amount that can replace the loss of life or remove the tragedy associated with injury. Our attorneys aggressively seek settlements and verdicts that remedy actual damages – medical bills, loss of wages, and the like while keeping in mind the pain and suffering aspect for the victims. Malpractice lawsuits will continue to be necessary until health care providers implement measures to ensure the safety and well-being of their patients as their first obligation to, “do no harm.”