Medical Negligence

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Medical Negligence 

The Civil Justice System and Patient Safety

The U.S. House of Representatives passed the "Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011" (H.R. 5) on March 22, 2012.  This bill 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 from when the bill was introduced last year. 

Opposition to H.R. 5 has ranged from patient safety groups to conservative legal scholars and elected officials. 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.

Read AAJ's primer - Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights


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


The Reserving Practices and Record Profits of Large Medical Malpractice Insurers

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

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