Tort
Reform - Separating Fact From Fiction
Over
the past few years the issue of "tort reform"
has crept to the forefront of the American political
scene. Today, some politicians claim to be racking their
brains, attempting to devise a solution to this so-called
problem. They have, and will continue to fail to find
this solution for one simple reason: you can't solve
a problem that doesn't exist. Throughout American history,
the right to trial by a jury of your peers has been
one of the most basic pillars of our democracy. Attempts
to undermine this system by instituting caps on damages
will only hurt the innocent victims of medical errors.
The following is a partial list of a few of the myths
that proponents of tort reform are spreading, followed
by a few concrete facts that debunk them.
Fiction
- Capping
jury awards for victims of medical negligence will
lower medical malpractice insurance premiums for doctors.
Facts
- According
to a 2004 study in the Medical Liability Monitor,
states with caps on medical malpractice awards have
insurance rates that are on average 9.8% higher than
states without caps.
- The
2003 Weiss Report makes clear that "Most insurers
continued to increase premiums [for doctors] at a
rapid pace, regardless of caps."
Fiction
- Escalating
malpractice premiums are driving doctors out of business.
Facts
-
A 2003 general accounting office report that found
that "evidence of reduced access to care [fewer
doctors] is unsubstantiated and anecdotal at best."
- According
to the American Medical Association, the number of
physicians in D.C. has increased steadily every year
between 1996 and 2003.
Fiction
- Capping
claims will raise the quality of medical care in DC.
Facts
-
Health Grades, Inc., conducted a study and found that
as many as 195,000 deaths from preventable medical
errors occurred annually from 2000-2002.
- According
to the Institute of Medicine (1999) approximately
98,000 deaths occur each year due to preventable medical
errors.
Fiction
- D.C.
has more malpractice cases than any state in the country.
Facts
- Comparing
our city to an entire state is invalid. An accurate
comparison would be between jury verdicts in D.C.
and other metropolitan areas. A more accurate comparison
would be D.C. and Baltimore; Baltimore, in fact, has
more cases per capita.
Fiction
- Malpractice
claims are on the rise in general.
Facts
-
The annual number of malpractice payments is down.
According to a study by Public Citizen, the number
of malpractice payments paid on behalf of doctors
has dropped from 16,682 in 2001 to 14,441 in 2004.
- The
Facts don't lie. A jury-based civil justice system
free of caps is the only just way for victims of negligence
to seek compensation for their injuries. So the next
time you hear someone talking about "tort reform,"
make sure they understand the facts!
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