Medical negligence lawsuits are few and far between, hardly contributing to health care costs. However, 98,000 patients are killed annually by preventable medical errors. That's like two 737s crashing every day for a whole year. We need to be making strides in patient safety, not limiting the rights of patients who have been injured through no fault of their own. Tort law changes won't fix health care.
A large body of research indicates that many of the common perceptions about medical negligence are little more than myths. Below is a sampling of recent empirical work on medical negligence that provides an evidence-based, not anecdote-driven, account of the true challenges facing America’s health care system.
AAJ has developed a primer on medical negligence and the role of the civil justice system in the current health care debate. The primer can be viewed here.
Background
Preventable Medical Errors – The Sixth Biggest Killer in America
Medical Negligence Lawsuits – Few and Far Between
The Truth About “Defensive Medicine”
How the Civil Justice System Protects Patients
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.
Hearst News Analysis Sheds Light on Epidemic of Medical Errors
In August 2009, Hearst Newspapers released “Dead by Mistake,” a comprehensive analysis of medical errors wreaking havoc on our healthcare system. For its analysis, Hearst sorted through thousands of documents, disciplinary files, lawsuits, governmental, medical and other public and private reports. Death certificates and "adverse event" statistics were studied, reviewed and translated into verifiable facts. Hearst also conducted several hundred interviews across the country, concentrating on a half dozen states.
The result is an impressive, yet disheartening review of the healthcare system 10 years after the Institute of Medicine released its report, “To Err is Human.”
>>Read Hearst Newspapers' "Dead by Mistake"
