New England Journal of Medicine Dispels The Myth That Tort Reform Improves Patient Care and Reduces Costs. The idea of lawsuit reform is a popular political whipping post. Most people when asked if there should be limits on personal injury or medical malpractice lawsuits answer with a resounding Yes! But, when those same people are asked if a doctor failed to act properly and caused to them or their loved one, then (of course) there should be no limit at all. Cognitive dissonance is well understood by psychologists and utilized by politicians who have little, if any, understanding of how the justice system actually works for those injured by the carelessness of others. The American justice system is founded on role of the jury. The jury is made up of members of the local community. It is that jury, not the judge or the lawyers, who decide what, if any, recovery should be made by the injured person. The irony is nearly deafening of those who profess loyalty to the Constitution, but fail to grasp that the right to allow a jury to decide their dispute is part of that very document. One’s own opinion on lawsuit reform is a fair topic. After all, there is no requirement that opinions be based in fact or logic. However, several physicians set out to study whether lawsuit reform really had a positive impact. Those doctors published their results in a recent New England Journal of Medicine. Below is a summary from the journal: BACKGROUND: Many believe that fear of malpractice lawsuits drives physicians to order otherwise unnecessary care and that legal reforms could reduce such wasteful spending. Emergency physicians practice in an information-poor, resource-rich environment that may lend itself to costly defensive practice. Three states, Texas (in 2003), Georgia (in 2005), and South Carolina (in 2005), enacted legislation that changed the malpractice standard for emergency care to gross negligence. We investigated whether these substantial reforms changed practice. CONCLUSIONS: Legislation that substantially changed the malpractice standard for emergency physicians in three states had little effect on the intensity of practice. If you or someone you love have been injured because of the conduct of another, contact Westland Kramer & Bennett, P.C. partner Jack A. Kramer for a free consultation (219-440-7550) or by email at: jkramer@wkb-law You can also obtain additional information from our educational YouTube videos. Simply open YouTube and search for “WKBLAW” or “Westland Kramer & Bennett, P.C.” Jack A. Kramer is an AV Peer Rated attorney. AV rating is the highest rating from Martindale-Hubbell for both ethical standards and legal ability. Jack Kramer is also a member of the Million Dollar and Multi-Million Dollar Advocates Forum, as well as being in the Top 100 (Litigation) of the American Society of Legal Advocates. Jack Kramer also has a 10.0 Avvo rating. Westland Kramer & Bennett, P.C., 141 West Lincoln Highway, Schererville, Indiana 46375.
Posted on: Fri, 24 Oct 2014 13:00:00 +0000
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