Earlier this week we discussed how a Florida court ruling helps restore patients' rights after they suffer injuries from medical malpractice. We pondered whether America has finally reached the high-water mark for tort reform, after realizing that it's wrong to blame medical malpractice lawsuits for exorbitant health care costs.
Last week, we discussed recent evidence that medical malpractice litigation has a consistently positive impact on American healthcare. This post picks up where we left off last time.
A recent editorial in the New York Times spotlights the benefits to patients and consumers that result from medical malpractice litigation. Advocates of so-called tort reform have been mounting a strong campaign that has been successful in many states.
When legislators, politicians and lobbyists talk about "medical malpractice reform," they usually have in mind strict limits on the amount of money that hospitals and doctors have to pay to compensate victims. In many states, these "reform" efforts result in caps on recovery. Victims who suffer medical malpractice-related injuries in those states after a doctor's mistake can only recover as much as the statute allows.