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Malpractice News
Medical Malpractice Reform Would Curb Costs & Improve Access To Health Care
WASHINGTON, D.C. - The shortcomings of the medical liability system have driven up health insurance premiums and reduced access to medical care, according to a new Joint Economic Committee (JEC) study released today by Vice Chairman Jim Saxton. The new study, Liability for Medical Malpractice: Issues and Evidence, examines the current status of the malpractice system, documents the numerous flaws in the system, and discusses the need for and benefits of reform.
"The United States health care system offers the best quality care in the world," Saxton said. "It is therefore dismaying to see the consequences of exploding malpractice insurance costs. The typical jury award in medical malpractice cases is now $1 million. As a result, doctors are being driven out of medical care or are limiting their services. Hospital emergency rooms are often threatened with closure, and sometimes actually close due to the high cost of malpractice insurance. And low-income households are finding health insurance increasingly unaffordable.
"Among the key findings of the new JEC study is that the lawsuit-based tort system for medical malpractice currently fails to achieve either of its goals. First, the system fails to provide compensation to the right people, as most malpractice claims are not tied to a negligent injury and most victims of negligent injuries never file a claim. Second, the tort system does not consistently punish negligent doctors.
"The time has come to reform the medical malpractice system," Saxton continued. "The reforms reported in this new JEC study would reduce overall spending on health care, and save the federal government upwards of $67 billion over the next ten years. Medical malpractice reform will benefit patients by increasing their access to medical care and by making health insurance more affordable as costs go down. Moreover, many women will find it easier to get Ob/Gyn care," Saxton concluded.
Patients die in hospitals and in care from negligence
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found.
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Definition:
The principle that prohibits physicians from disclosing confidential comments made to them by patients unless required to do so by law. The law may require physicians to violate patient confidentiality if the patient poses a serious threat to his or her own health and the well-being or that of others.
Subrogation
Definition:
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person.
Affidavit
Definition:
A voluntary statement or declaration of facts that has been written down and confirmed under oath.
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