Patients Pay for Tort Reform
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Florida doctors have been successful in passing sweeping tort reform measures twice in this state. Each time they made claims that verdicts handed down by "uninformed" jurors were outrageously high and they were having trouble paying high premiums for malpractice insurance. They threatened the citizens of Florida that they were all going to leave the state and they would leave us with no one to care for our health. Legislators were clamoring about the need for reform. Insurance companies were sitting quietly in the wings; smiling and chuckling.
Many states across the country have passed similar tort reform measures and the victims of medical malpractice everywhere are feeling the repercussions. The Las Vegas Business Press has reported the results of their draconian malpractice reforms. The business journal points out that on average physicians and hospitals win malpractice lawsuits more often than plaintiffs. Because their are so many "frivolous lawsuits"? The cost of preparing a malpractice case for trial often runs hundreds of thousands of dollars and because patients damages are capped in Florida, insurance companies are more willing to make cases as expensive as possible for plaintiffs. Experienced plaintiffs' attorneys simply can not proceed with cases having little or no merit; that has always been the case and tort reform has simply resulted in victims of medical malpractice not being able to exercise their constitutional right of access to the court.
So who is benefiting from tort reform? Insurance companies who have recorded record profits and have seen claim payouts drop dramatically. Physicians who have little or no consequences for the negligent practice of medicine. Bad doctors will have little or no penalties for causing the death and injury to their patients.
Who is paying for tort reform? Patients who suffer injury or death are paying. Brain injured and paralyzed children hurt by negligent care are paying. Tax payers are paying severely. For each victim of malpractice who can not pursue the negligent doctor; who will pay for their future medical care and loss of earning capacity? That is where tax payers, you and I, com in to the picture. We will ultimately pay for much of the damage caused by negligent physicians; through higher payouts by medicare, medicaid, social security.
Nevada attorney Gerald Gillock provides a good description for how tort reform has affected the ability of victims to proceed with their cases:
Prior to the reform, the insurance company would still win the majority of the cases, but that was because they would settle the cases that should be settled before trial, but you would still get plaintiffs' verdicts on good cases. In the state of Nevada, it is just unfortunate all the false publicity that is out there (on malpractice claims). Now, you can be drunk as a skunk and operate on someone and still only be liable for $350,000.
Local OB-GYN Jerry Jones had a different take. He said the tort reforms were necessary to maintain quality health care in Nevada. "It's given doctors hope that they can come back and rebuild their practices." Perhaps what Dr. Jones really means is that it makes practicing medicine a profession without any consequence for causing injury to your patient.