Blog / Medical Malpractice

Health Care Reform in Indiana

“We were just talking during the break, this is pretty timely, with the house passing health care legislation last night, and you said there were some things from a legal perspective that don’t add up.”

“I think what I wanted to share with our viewers about the vote that just came down about the health care plan is as our viewers may or may not know. There was no significant tort inform measures that were included in the health care package that was just filed. That was one of the things that I think was subject to debate, weather the was gonna be some tort reform like capping damages for medical malpractice suits.”

“And tort reform me revising the law?”

“Mostly what it means in the context of health care is capping damages on medical malpractice suits. One of the theories with trying to reduce health care cost was that if you put caps on medical malpractice suits, that it would result in lowering of health care cost that the doctors practice too much defensive medicine, they order unnecessary test because they are afraid of being sued. There are runaway jury verdicts with medical malpractice suits so that if you cap damages you’ll bring down the cost. One of the things I think our viewers ought to know in this debate are some of the facts regarding what cost are associated with the medical malpractice system that might contribute to the health care system. One of the things I think our viewers ought to know is that if you completely eliminated all medical malpractice lawsuits all together, if there were no malpractice awards, if doctors weren’t charged premiums for medical malpractice – the total cost of the health care system would be less than 1% of the total health care cost.”

“So it doesn’t have that much of an impact.”

“Right, like I said, if you completely eliminated medical malpractice from our health care system. It would only eliminate less than 1% of the total cost. About 1 in every $6 dollars in our economy right now is spent on health care. So the congressional budget office said that if you put a cap on damages, you could reduce health care cost by about $11 billion a year, but people have to have that perspective that $11 billion a year would be less than 1% of the total cost of health care.”

“Wow, so perhaps something that the congressional leaders didn’t take into account, or didn’t think through perhaps?”

“Well, they may have taken it into consideration, but my point is, that if you just eliminated that whole system all together, you’re really not going to eliminate health care cost or reduce them considerably.”

Posted in:

Related Posts

$1.167 million settlement for failure to monitor an epidural drain

$1.167 million settlement for medical malpractice for a hospital’s negligent failure to monitor an epidural drain following lumbar surgery. The plaintiff sustained permanent nerve damage that severely impacted the function of his lower extremities and caused a chronic pain syndrome.

INsight | Medical Malpractice Claims for Active Military Personnel

On December 20, 2019, President Trump signed the National Defense Authorization Act into law. The legislation was inspired by husband, father, and Army Sgt. First Class Richard Stayskal. For months, Stayskal had struggled with severe breathing issues. He decided to get help at the Womack Army Medical Center in North Carolina, but was told it was just a mild case of pneumonia. Unfortunately, he actually had stage four terminal lung cancer. Their misdiagnosis allowed his tumor to nearly double in size and spread to several different organs. Learn more about his story.

$1,180,000 settlement against ophthalmology clinic

$1,180,000 settlement in a medical malpractice case against an ophthalmology clinic for negligence in connection with post-operative care of a corneal implant. The plaintiff eventually lost the vast majority of her eyesight in one eye as a result of the clinic’s negligent care.