Malpractice claims hold doctors accountable, cost industry little

There has been a lot of debate across the country in recent years on whether or not states should put in place medical malpractice damage caps. These caps would limit the amount of money that can be paid out to victims of medical malpractice. Efforts to cap the amount of damages are often driven by doctors and the insurance industry.

A recent study found that the number of catastrophic medical malpractice cases are actually low, and those that payout over $1 million per case actually cost the industry much less overall than unnecessary medical tests. These tests, ordered by doctors to try to limit their liability in cases, cost the industry over $60 billion per year, according to the same study.

That means, that many times these caps only hurt patients who might actually need large amounts of compensation to assist them after catastrophic injuries from a doctor’s negligence. If a person suffers brain damage, or severe complications, they might face hundreds of thousands of dollars in medical costs in just a single year. Malpractice caps would reduce the amount that a patient can receive from a claim, potentially passing the burden of the medical expenses onto a patient even though medical staff contributed to the error.

An experienced Manhattan personal injury attorney can help a person with a medical malpractice claim. They can make sure the person receives a proper amount of compensation, which can then be used to pay for medical and lost wage expenses. While insurance companies and doctors might prefer a very low amount, it is important any compensation is adequate to pay for related expenses.

Source: Claims Journal, “Catastrophic Malpractice Payouts Add Little to Health Care’s Rising Costs,” Johns Hopkins Medicine, May 2, 2013