The Institute of Medicine found that up to 98,000 people die every year from preventable medical errors, which is the sixth leading cause of death. Tort reform protects negligent health providers and takes away the rights of injured patients.
On January 24, 2011, the "Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011" (H.R. 5) was introduced. H.R. 5 aims to take away the legal rights of injured patients, removing any incentives to improve patient safety, and leave people at risk for more injures from negligent care. This bill would impose one-size-fits-all caps on damages, not just when injured by medical negligence, but also defective drugs, medical devices, or abuse suffered in nursing homes. Read AAJ's statement here.
AAJ has developed a primer on medical negligence and the role of the civil justice system. The primer can be viewed here.
Background
Gibson Vance, H.R. 5: Bill Falls Short on Protecting Patients
States that Have Declared a Medical Malpractice Damage Cap Unconstitutional
How the Civil Justice System Protects Patients
Preventable Medical Errors – The Sixth Biggest Killer in America
Medical Negligence Lawsuits – Few and Far Between
The Truth About “Defensive Medicine”
The Case Againts "Health Courts"
Health Courts - An Insurer-Run Bureaucracy
Research
Malpractice a Tiny Percentage of Health Care Costs
No Correlation Between Malpractice Payouts and Insurance Premiums
AMA Data: Doctors Not Fleeing the Profession
By the Numbers – Few Doctors Responsible for Malpractice Payments
How Juries Work: The Courtney Hill Story
In July of 2009, a Memphis jury unanimously returned a large verdict against a group of Memphis doctors. While many people considered the case a wake-up call to doctors for better patient care, others have viewed it as an excuse for government to limit jury verdicts against certain groups. Perhaps knowing the facts of this case and hearing from the jurors themselves will help those who continue to judge the case. Here then is the case of Courtney and Robert Hill.
