The Only Medical Malpractice “Crisis” is the One Negligent Doctors and Healthcare Professionals Create

On December 30^th, the Washington Post ran a piece about medical malpractice and “tort reform,” the euphemism lawmakers use to describe damage caps. According to the Post, legislators “say a medical malpractice crisis is threatening U.S. health care: Frivolous lawsuits are driving up malpractice insurance premiums and forcing physicians out of business.”

But that’s untrue, as the Post also reports: “according to researchers and industry experts… the nation’s medical malpractice insurance industry is running smoothly and has not been in crisis for more than a decade.” Other data back this up as well: premium rates have been dropping since 2008, and the number of claims has been steadily declining as well. The idea that excessive or frivolous lawsuits have been driving up costs is a myth – one that only harms patients and victims.

Why tort reform is a myth

When lawmakers talk about “tort reform,” they’re really talking about damage caps: a cap on the amount of money a medical malpractice victim can be awarded after he or she was injured by a doctors or healthcare professional. Tort reform is code for limiting compensation amounts. It does not address the real problems with healthcare, such as medical errors being the third leading cause of death in this country. This is a real crisis.

Tort reform also does nothing to lower the costs of prescription drugs, or to hold doctors accountable with their licensing boards after they have committed an act of negligence or abuse, or to lower administrative costs at hospitals (which is why you spend $70 on an ear swab when you go). These are the real crises.

The truth is, the idea of a “frivolous” lawsuit is a myth, too. Our South Carolina medical malpractice attorneys have been helping families for the last 20 years. We investigate claims, work with doctors and insurance companies, and review our clients’ medical records. If we take a case, it is because it has merit: the healthcare provider breached his or her (or their, in the case of the hospital administration) duty of care, causing harm to a patient, who in turn sustained an injury as a result. In fact, there have been many times in the past where we rejected a case because the merit was not clear. Medical malpractice cases are very expensive, and we will not file cases for any reason other than to try and obtain justice for an injured person or family member. The people who are injured aren’t looking for a handout: they just want justice and to get the help they need to become well again.

Tort reform won’t fix any of those real problems. All it does is hurt the victims by denying them the compensation they need to protect themselves and their families.

At McGowan, Hood, Felder & Phillips, LLC, we put the needs of our clients first. We will continue to fight any efforts to enact tort reform in South Carolina or at the federal level. We will also fight for victims of medical malpractice and for their families. If you were injured by an act of medical negligence, our South Carolina medical malpractice lawyers can help. Please call us at 803-327-7800 or fill out our contact form to learn more.