Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform”

Legal Blog , Personal Injury

Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform” is the title of a recent law review article that appeared in Vol. 5, Issue 1 of the Yale Journal of Health Policy, Law and Ethics: http://www.dayontorts.com/uploads/file/Debunking%20Medical%20Malpractice%20Myths(1).pdf

Below is the last paragraph of the article:

“No one denies that there is a broad array of very serious health care issues facing the United States right now-patient safety, rising costs, availability and affordability of health insurance, and, in some places, rapidly rising malpractice premiums (although they are easing as we enter a soft market). But even with these problems, caps are not a solution. Lawmakers and regulators should stop the insurance industry from pricegouging their policyholders, even while the industry’s profits rocket upwards. Moreover, doctors would better serve themselves and their patients by directing their anger and efforts regarding rising premiums toward the questionable practices of the insurance industry and the subset of doctors who repeatedly commit malpractice without facing adequate discipline. Seeking to take away patients’ rights is not the answer.”

(Footnote omitted.)

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