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New Studies Dispute Need for Medical Malpractice Tort Reform


Posted on behalf of D'Amico & Pettinicchi, LLC on Nov 22, 2016 in Medical Malpractice

patient about to go underOn Monday, Americans for Insurance Reform (AIR), a project from the Center for Justice & Democracy, published two studies about the medical malpractice insurance industry.

These studies undermine arguments about the need for tort reform, which has been proposed in many Obamacare replacement bills created by Congress, including House Speaker Paul Ryan's anti-Obamacare plan.  

One of the studies, titled Stable Losses/Unstable Rates 2016, found that medical malpractice insurance premium costs and the number of claims per physician are at their lowest levels in 40 years.

Researchers found only three periods where premiums increased in the last 40 years:

  • 1974-1977
  • 1985-1988
  • 2002-2006

However, increases in premiums were not related to increased tort system costs or increases in the number of claims.

The other study, titled Premium Deceit 2016: The Failure of Tort Reform to Cut Insurance Prices, revealed that tort reforms and caps on damages in medical malpractice cases do not affect doctors' insurance rates.

Researchers also discovered that states that did not enact tort reform saw a larger average decrease in premiums compared to states that placed limits on patients' legal rights.

Both studies indicate that premium hikes for doctors are a result of the typical booms and busts of the economic cycle, not tort system costs or a large number of medical malpractice claims.

Placing caps on compensation for injured patients is a bad idea because it unfairly limits the constitutional rights of everyday Americans, says Joanne Doroshow, co-writer of Stable Losses/Unstable Rates 2016 and executive director of the Center for Justice & Democracy.

The medical malpractice lawyers at D'Amico & Pettinicchi are staunch supporters of patients' rights. If you have suffered injuries due to a medical professional's negligence, you deserve fair compensation to help you recover from your injuries and move forward with your life.

We offer a free, no obligation consultation and do not charge legal fees unless we are able to achieve a favorable resolution of your claim.

Contact us today by calling (866) 848-7077 or live chat with a representative.