Federal Tort Reform Measures Possible

Federal Tort Reform Measures Possible

As President-elect Trump prepares to take office, Republican lawmakers are seeking to amend portions of the Affordable Care Act, including potentially adding "tort reform" measures that would limit the recovery of non economic damages. Eyeing California's Medical Injury Compensation Recovery Act (MICRA), lawmakers state that there's a medical malpractice crisis, making it difficult for doctors to get insurance and practice medicine. Supporters of tort reform claim that measures such as MICRA are effective in making needed changes.

However, this line of reasoning is fautly for a few reasons. First, a medical malpractice crisis simply doesn't exist. In fact, doctors are paying less for malpractice insurance than they did in 2001 — even without adjusting for inflation.And the rate of claims has dropped by half since 2003. Instead, the caps will make it harder for those injured by doctors and hospitals to obtain the recovery they deserve. Further, any savings from capping damages is limited. Rather than limiting what doctors pays, those in medicine should really focus on the bigger goal of reducing overall patient harm. Medical errors claim more than 250,000 lives annually, researchers estimated this year. That would make errors, which include cases of medical malpractice and negligence, the nation’s third-leading cause of death behind heart disease and cancer.

As San Diego medical malpractice lawyers, we are committed to improving patient safety and fighting for the rights of those injured by medical negligence.

For more information or if you or a loved one has been harmed by a medical error, please contact the San Diego personal injury lawfirm of Bostwick & Peterson, LLP for an immediate consultation.

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