As the nation discusses healthcare reform, the topic of tort reform inevitably comes up. Proponents of tort reform argue that large medical malpractice awards drive up the costs of medical care. This argument is flawed and too simplistic, however. While medical malpractice insurance and damage awards are expensive, capping medical malpractice awards will be dangerous for patients.
The Legal System Provides an Important Safeguard for Patients
The potential to recover damages for medical malpractice leads doctors to be more careful and less risky in their treatment of patients. Each year, medical malpractice insurance companies carefully review each doctor whom they insure. The doctors’ insurance premiums are usually adjusted based on their practice during the previous year. Doctors with malpractice claims or risky behavior during the year will see an increase in premiums while doctors without malpractice claims and who adhered to proper medical standards may see a decrease in premiums.
Shirley Svorny, a professor of economics at California State University recently wrote about the economics of medical malpractice awards for Forbes. It is her opinion that our medical malpractice system, particularly medical malpractice insurance, improves patient safety and that tort reform that caps medical malpractice damages would harm patients. What is your opinion regarding medical malpractice tort reform?
If you have been hurt by the negligence of a doctor, hospital, or other medical provider then you may be able to sue for medical malpractice damages. Please contact an experienced Illinois medical malpractice lawyer today for more information about your particular case.