It's tempting to just blame the astounding year-over-year increases in the cost of health care (and by extension, health insurance) on medical malpractice lawyers. After all, the high cost of physicians' malpractice insurance policies is based on the likelihood of legal action by injured patients.
Many Chicagoans no doubt have heard impassioned calls for tort reform within the larger context of health care reform, which would make it more difficult to file such suits.
Supporters of tort reform, usually the same politicians, radio personalities, columnists and others who staunchly oppose current health care reform efforts, have a point.
But does this perspective hold water?
Malpractice attorneys predictably defend their practice and contend that the sort of tort reform sought by some US senators and representatives wouldn't do a thing to reduce costs. Furthermore, they claim that it actually would hurt injured patients and only serves to distract from more important issues. They also have a valid point.
It's very difficult to find information from neutral parties that sheds light on this subject, unfortunately. Proponents of tort reform villianize malpractice lawyers as parasites, while opponents say it's all just a smoke screen.
So let's stick with the facts and intelligent estimates.
Recently released results from a study from Northwestern University's Kellogg School of Management (BusinessWeek) using a database of plans covering 10 million Americans estimate that nationwide tort reform would result in savings of 2.3 percent. The study looked at the impact of tort reform measures already enacted in more than 30 states.
The same article also mentions a 2004 study by the Congressional Budget Office estimating that only 2 percent of health care spending is attributable to malpractice insurance premiums and awards stemming from suits.
So while it's fair to say malpractice insurance and malpractice lawsuits do impact the cost of health care, it's probably not as big of a deal as many would have you believe.
- The ABCs of tort reform (Bankrate)
- Medical Malpractice Tort Reform (National Conference of State Legislatures)
- Medical Malpractice: Overview (FindLaw)
- Chicago Injury Lawyers (FindLaw)
