U.S. Healthcare Overhaul May Mean Big Changes for Medical Malpractice Litigation

In the raging debate about healthcare reform, we’ve all heard about “death panels,” the benefits and disadvantages of a so-called public option for those who can’t afford private health insurance, and the skyrocketing costs of overhauling the ailing United States healthcare system.

But little to nothing has been reported about another possible piece of the proposed healthcare reform: That is, cracking down on medical malpractice lawsuits and offering more protection to doctors who are sued for their own medical mistakes.

Lawmakers crafting various proposed overhauls reportedly are considering changing the way injured parties can seek financial compensation for injuries caused by malpractice by their doctor. Special courts presided over by judges with specialized medical expertise might be set up to hear such cases, taking them out of courtrooms where juries of community members decide the merits of the suits. Conventional wisdom is that such judges would be less likely to be swayed by emotion and more likely to rule strictly on the facts than juries without medical training.

The changes might also mean that arbitration is introduced as an option to settle medical malpractice disputes without need for a trial and protecting physicians who follow clinical “best practice” standards from liability for injuries they cause, according to an Associated Press news analysis of the issue.

By most estimates, as many as 100,000 deaths in the U.S. each year are caused by preventable medical errors.

Changing the Playing Field

In his address to Congress this week, President Barack Obama indicated he is willing to compromise on the controversial issue of malpractice reform, leading some experts to predict a coming shift in the handling of the litigation. To put it simply, it’s doubtful that any changes will be good news for thousands of Americans who are injured or killed as a result of medical malpractice.

While the true bottom-line impact malpractice insurance premiums paid by doctors have on increasing health care costs, the idea of limiting medical malpractice lawsuits has been a front-burner issue for years. Medical industry professionals and lobbying groups have led the charge to limit or in some cases eliminate the lawsuits outright and said financial awards from such suits serve only to drive up the costs of medical care.

Obama reportedly has directed the Health and Human Services Department to pay for pilot programs to identify and examine alternatives to courtroom litigation of medical malpractice suits, the AP said.

Significant Progress Toward Reform Seen

Republican lawmakers, who generally side with doctors and others looking to limit malpractice claims, said there seems to be “a commitment to meaningful malpractice reform” afoot in Washington, D.C.

Meanwhile, trial lawyers who represent people injured or killed by malpractice say the issue of reforming litigation should not be undertaken along with the larger movement to overhaul healthcare.

“It shouldn’t be part of the health reform debate in Congress because the president is already doing something today,” said Linda Lipsen, lobbyist for the American Association for Justice, according to the AP. “I think it should close the door because the president has taken control over the issue.”

Limiting Malpractice Suits Creates More Victims

Limiting the rights of patients who are injured or killed due to medical malpractice will have far-reaching and devastating consequences for millions of people.

People who are injured and must incur medical bills while taking time off work or seeking an entirely new career due to malpractice might be left out in the cold, unable to obtain financial compensation for their injuries. Loved ones of patients who die as a result of medical mistakes may be unable to recover financial damages for their devastating loss, including lost income from their deceased relative or compensation for their loss of love and companionship.

Either way, the movement to restrict medical malpractice lawsuits and give physicians more protection for their mistakes would painfully rip open the wounds left behind by medical malpractice.

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