The Speech – Reaction
September 10, 2009Jon Brooks Comments OffAt least one lawyers’s group isn’t so enthused about the President’s nod to tort reform last night. From a flak at the American Association for Justice:
Of particular interest to this community are the President’s comments regarding medical malpractice. The pilot programs outlined by President Obama will require more detail. But we all know the focus must be on reducing medical errors and improving patient safety. Over 98,000 people are killed every year by preventable medical errors. Reducing accountability won’t improve health care…
AAJ will continue to educate lawmakers and the public over the coming weeks and months about the importance of a strong civil justice and protecting injured patients…
What exactly is the American Association for Justice? Found near the bottom of their web site: “formerly known as the Association of Trial Lawyers of America.”
And from the Closing Argument legal blog:
Obama says some in Congress believe medical malpractice reform can help bring down health care costs. He says he doesn’t think it’s a ’silver bullet,’ but that he knows that doctors practicing ‘defensive medicine’ can lead to unnecessary costs.
However, McClatchy reports that the “most reliable estimates peg the costs of malpractice litigation at less than 2 percent of overall healthcare costs. And while tort reform measures have helped tamp down malpractice premiums, national health spending continues to rise.”
McClatchy has got it right…it is clear that the civil justice system is the only true defense for consumers against medical errors – which are the THIRD leading cause of death in the United States. Further, the CBO reports that malpractice claims make up less than 1% of the health care costs in America. So, even if you completely eliminated all malpractice claims, 99% of the costs would still be present.
It should be also be noted that in Texas – the state with the most stringent caps on medical malpractice lawsuits – health care costs remain the highest in the country….
Tort restriction harms those who have already been harmed irreparably and does absolutely nothing to reform healthcare or control its related cost.
