|
Medical malpractice has been one of the greatest debates
in recent years. The sharp increases in insurance rates
have been attributed to varying problems. Insurance companies
and the medical field have blamed high payouts in medical
malpractice lawsuits for the insurance rate increases and
were able to use this excuse to pass medical malpractice
caps in many states. According to actual numbers, these
claims are false.
A leading analysts company of commercial insurance issues,
the International Risk Management Institute has directly
pointed to a poor investment market for the rate increases.
Insurers had lowered rates to attract customers paying
premiums in order to increase cash flow when the stock
market investments were booming, but poor investment returns
resulted in a spike in premiums. Rather than admitting
rate increases were in response to a poor investment market,
insurers blamed the tort system.
Unfortunately, the misplaced blame worked. Lawmakers in
many states were able to pass medical malpractice caps
as insurers and doctors rallied against medical malpractice
lawyers. In actuality, every year there is just an average
of 800 Florida medical malpractice cases filed and it takes
about five years for a malpractice case to get through
the system. By capping non-economic medical malpractice
awards, the people that have been involved in permanent
and severe injuries will be the most affected.
Consumer groups have argued that some of the medical malpractice "crisis" is
the result of repeat offenders that do not receive disciplinary
actions for the injuries patients have suffered. In the
past decade, just 47% of the disciplinary actions actually
taken by Florida the most serious action against an individual
doctor were a fine. Florida has a six time greater likelihood
as other states to use a fine as the most serious disciplinary
action against a doctor.
At the end of 1999, the Institute of Medicine estimated
44,000 - 98,000 Americans die in hospitals every year because
of preventable medical errors. For preventable medical
errors, the cost society acquires as a result is estimated
at $17 - $29 billion. Broken down, the cost of preventable
medical errors every year for Florida residents is estimated
at $935 million - $1.6 million. When compared to the $500
million that Florida doctors pay every year for medical
malpractice premiums, the numbers suggest the problem does
not lay in legal torts.
Public Citizen consumer group also believes that there
is a significant amount of money that has not yet been
committed to improving patient safety. The federal government,
according to the group spends $655 million on breast cancer
prevention and $3.5 billion on AIDS prevention, making
the $130 million on improving patient safety disproportionate.
Capping medical malpractice awards is a clear violation
of consumer rights according to those parties against the
new laws.
The medical malpractice debate is expected to continue
to be a large issue in the future. After laws were passed
in many states to limit medical malpractice awards, Public
Citizen consumer group released state specific reports
showing data that did not support the push that insurers
and doctors were claiming. Responding to scare tactics,
the medical malpractice limits has taken away consumer
rights in the worst possible ways according to consumer
groups. The caps will not influence minor injuries suffered
because of medical malpractices, however those individuals
that suffer the most will now have to bear the injustice
of being unable to receive a fair compensation. For more
information on medical malpractice, please contact
us.
Additional Information on Medical Malpractice:
Florida Medical Malpractice Update - From the American Osteopathic Association
Florida Medical Association Online -
What You Need to Know About Amendments 3, 7, and 8
Click Here for Miami Personal Injury Lawyers |
