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medical malpractice Archives

Tort Reform Reduces Healthcare Innovation

Studies have shown that there is a direct correlation between tort reform and a reduction in the advancement of medical technology. The study in "Tort Reform and Innovation" found that patents for new technology and procedures had decreased by nearly 14%, after any given state passes medical malpractice reforms that limit damages wrongfully injured patients can pursue. In other words, the more protections from financial liability medical providers are given, the less financial incentive there is to make medical procedures safer.

What "Caps on Damages" Means to Real People

The "Tort Reform" movement often tries to limit the recovery of injured people by putting "caps on damages." Texas is full of "tort reformers," and thus a good example of what unintended consequences happen when caps on "pain and suffering" are passed. Back in 2003, the citizens of Texas were told by the insurance industry and the state Chamber of Commerce that "frivolous lawsuits" supposedly threatened their access to healthcare. Doctors and hospitals were going to go out of business if something wasn't done to stop all the lawsuits, and the only way to do that was to get rid of consumer protections in their state Constitution. Proposition 12 was proposed and passed as the solution to this so-called crisis. It changed the law in Texas and put a $250,000 cap on non-economic damages, or "pain and suffering," in medical malpractice cases. It sounded reasonable to the voters. That is, until malpractice happened to them.

A GOOD APPROACH TO DISCLOSING MEDICAL ERRORS

The vast majority of people have no idea how often medical malpractice happens. In fact, if medical malpractice was ranked by the Center for Disease Control (CDC), it would be the third leading cause of death in America, right behind heart disease and cancer. How is it that something this dangerous has stayed largely hidden from discussion? 

A GOOD APPROACH TO DISCLOSING MEDICAL ERRORS

The vast majority of people have no idea how often medical malpractice happens. In fact, if medical malpractice was ranked by the Center for Disease Control (CDC), it would be the third leading cause of death in America, right behind heart disease and cancer. How is it that something this dangerous has stayed largely hidden from discussion? 

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