In the national debate over health care reform, one of the old tried-and-true Republican mantras is again rearing its ugly head. The GOP’s call to curb medical malpractice lawsuits is once again being pushed as a way to save money in the nation’s health care expenses. In his statewide town hall meetings, Louisiana Republican senator David Vitter blamed the lawyers, not the profit-mongering by the healthcare industry, as the blame for people being unable to get medical insurance coverage. The national GOP preaches that runaway jury verdicts have resulted in doctors practicing defensive medicine, caused medical malpractice insurance costs to soar and even driven doctors out of the medical profession. The problem is…its untrue.
The facts are that nationwide the number of medical malpractice cases being filed is declining and has been in decline. At least 36 states have passed Republican-backed medical malpractice laws that restrict the time in which to file such suits or cap the damages available. Statistics show that doctors win approximately 75% of jury trials. Despite this, President Obama has agreed to consider medical malpractice revision as a part of comprehensive health care reform.
Tom Baker, a University of Connecticut professor, published “The Medical Malpractice Myth” in which he described the hype over medical malpractice as “urban legend mixed with the occasional true story”. In his detailed study of the insurance industry, he concluded that the cost of medical malpractice suits came to less than 1 percent of overall healthcare spending. Patients’ rights and remedies have been unfairly restricted or outright abolished far too often. Let’s not let the propaganda over health care reform further erode what rights they have left.
Richard J. Arsenault, 2011
