The Pros and Cons of Reforming the Medical Malpractice System

Medical Malpractice Attorney

Medical malpractice cases have become some of the biggest in the media. Verdicts handing down millions of dollars in instances where a doctor or hospital was found guilty of negligence have made headlines around the world and rightfully so – that is a lot of money. Over the years, there have been rumblings throughout the legal system about making some changes to the way malpractice cases are handled and the rules governing their outcomes. Obviously, as with many things, there are pros and cons to the proposals floating around.

Reasons Why the Malpractice System Needs Revamping

There are personal injury cases you can probably recall that seemed excessive and non-sensical. These lawsuits are considered to be frivolous, and they, more than anything, are the driving force behind reforming the tort system. When someone gets hurt and files suit, there may be little reason to blame someone else. However, because there was one aspect of the defendant’s process that could be considered negligent, the plaintiff winds up winning and getting a windfall settlement.

Tort reform aims to cap damages for lawsuits that are filed and intend to strong-arm doctors, hospitals, clinics and the like into settling these frivolous suits. Damages awarded in these instances can wipe out reserves and cause the price of malpractice insurance to climb substantially. Doctors argue that this rising cost is deterring people from entering the medical field in certain specialties that may be more susceptible to malpractice suits than others.

Arguments Against Widespread Tort Reform

On the other side of the pro-reform group are those who say the system does not need to be fixed. The majority of people on this side of the issue are personal injury attorneys who say doing anything to cap damages or change the legal standards will hurt people who need the most help. Even doctors admit that they are fallible and make mistakes, so why not allow the people most hurt by these errors recover monetary damages to help them?

Limiting medical malpractice litigation also lets doctors and big medical corporations off the hook, so say those against reform. Changing the system can only benefit those who are currently most impacted by it – those whose negligence causes injury. Therefore, any revamp would only hurt patients further while helping the big business causing the damage.

Medical malpractice reform is part of a more significant issue of tort reform. If you feel like you are entitled to recover money from a doctor or hospital that was negligent, a personal injury lawyer in Deer Park, TX may be able to help.

 


 

Thanks to John K. Zaid & Associates for their insight into medical malpractice and reforming malpractice.