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Malpractice News
Linder Votes To Protect Patients By Limiting Runaway Medical Malpractice Awards
House Bill Ensures Prompt Resolution of Claims While Placing Caps on Damages
Washington, D.C. - Congressman John Linder (R-Georgia) on March 13 joined with a majority of his House colleagues in voting to reform the broken medical liability system in the U.S., placing limits on soaring malpractice awards and bringing accountability back to the process. The HEALTH Act passed the House by a vote of 229-196.
“Across the country, patient care is being jeopardized by a medical liability system that rewards trial lawyers,” said Linder. “I have seen many friends leave the medical profession simply because they cannot afford to pay for their liability insurance, and it is the patients who suffer in the end. This bill should begin to address some of these imbalances,” Linder continued.
H.R. 5 is designed after a highly successful California law that has resulted in medical liability disputes being settled 26% faster, saving doctors and patients years in the courtroom, and saving California patients $6 billion annually on health care. The bill would institute a number of needed reforms, including a window of three years after suffering an injury during which an individual would be allowed to file a health care liability action and a cap on both non-economic and punitive damages. The bill would also direct that patients’ attorneys do not receive an unjust portion of a recovery, and ensure accountability by allocating damages in direct proportion to fault.
“The need for reform is clear. Malpractice insurance rates across the country have risen 505 percent since 1976, and the average jury award is now $3.5 million, up more than 70 percent since 1995,” said Linder. “The health care we receive in the United States is the best in the world because of the people who choose to enter the profession and the education they receive. It is a shame that we have allowed our runaway liability system to force many of these highly-trained professionals out of the medical field. We can - and must - do better,” Linder continued.
Less than 2 percent of malpractice claims result in trial victories for patients. Even in the case of a jury award, harmed patients receive less than 30 percent of what doctors pay for insurance.
Medical Misdiagnosis is a serious risk every time you go to the hospital.
There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.
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Definition:
Once a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient.
Economic damages
Definition:
Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income.
Collateral source rule
Definition:
Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources.
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