Hawaii Injury Lawyer Blog

Discussions regarding medical malpractice reform have heated up in the last couple of weeks. Recently, President Obama drew criticism from patients rights groups when he referred to the need to reduce frivolous lawsuits. Those patients who have suffered catastrophic injuries resulting from medical errors, and their families, understand far too well that these lawsuits are not frivolous, but necessary to provide compensation for an often life time of suffering.

As stated in a letter written by medical malpractice victims to the President, “frivolous medical malpractice lawsuits are rare; medical errors are rampant. This language is incredibly hurtful to those of us who have been devastated by medical negligence and have sought justice in the courts.” Studies show that medical errors kill some 98,000 people in hospital each year.

In fact a leader of the American Tort Reform Association – typically opposed to victims rights - has recently stated that it is “rare or unusual” for a plaintiff’s lawyer to bring a frivolous malpractice suit because they are too expensive to bring.”

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In Washington D.C. this week, healthcare and medical malpractice reform received a lot of attention, with the House of Representatives voting to repeal the historic health care reform bill and the House Judiciary Committee beginning new discussion on medical liability reform.

Medical liability reform is often aimed at reducing the amount injured patients can recover when harmed as the result of medical malpractice. If you have been injured as the result of medical malpractice, an experienced Hawaii medical malpractice attorney can help you obtain the compensation you deserve.

Reformers often attempt to tie the cost of medical malpractice verdicts to the cost of medical liability insurance and ultimately the cost of health care. Little or not evidence exists to back-up this claim. Rather, statistics have shown that other factors play a far greater role in the cost of insurance than the cost of lawsuits. Placing restrictions on the amount those injured can recover only serves to further victimize those affected by medical errors, delays in diagnosis, and other catastrophic medical injuries.

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Hawaii Health Systems Corporation recently announced its plans to implement an electronic health records (EHR) system by year-end in its East Hawaii Region, which covers three Big Island hospitals. Commitments to change to EHRs are expected from 121 other hospitals nationwide as a way to improve patient safety and decrease medical malpractice. In exchange for this commitment, the hospitals will be eligible for more than $7 million in federal funds.

Studies show conflicting reports concerning the benefits of EHRs on patient safety. While some tout the use of electronic records as providing more efficient and streamlined care, as well as eliminating prescription errors, other reports conclude that EHRs do not improve standard measures of hospital quality.

In fact, although EHRs may help already “technologically savvy” hospitals, where the systems are new, the incidence of medical malpractice may increase as a result of confusion with the technology, charting errors and the proper use of terminology.

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With renewed focus on health care reform, U.S House Judiciary Committee Chairman Lamar Smith announced that he’ll be holding hearings on “the role medical malpractice reform can play in reducing health care costs.” Unfortunately, often these discussions are based on inaccurate studies and perceptions that deny those injured their day in court.

One of the myths that is often raised in medical malpractice reform discussions is “defensive medicine.” Despite a perception that doctors perform unnecessary procedures to avoid lawsuits and as a result, drive up the cost of lawsuits, little evidence exists that this practice is widespread.

Additionally if tort reform is passed limiting the amount recovered by those injured due to medical malpractice, the health care savings would be minimal. Medical malpractice caps often deny those injured fair compensation and for many, their day in court.

Continue reading " Medical Malpractice Reform May Deprive Injured Patients’ Rights " »