New Book Reveals Startling Medical Malpractice Findings

A new book, Medical Malpractice: By the Numbers, published by the Center for Justice & Democracy at New York University Law School, revels several startling findings regarding our healthcare system and medical malpractice.  According to the press release issued by Center for Justice & Democracy, among the many findings are:

  • Medical malpractice insurance companies are making twice the profit of the entire insurance industry.
  • On any given day, 1 in 25 U.S. hospital patients has at least one infection contracted during their hospital stay.
  • At least 8 doctors whose medical licenses were suspended or revoked collectively billed Medicare more than $7 million in 2012.
  • An average of 103,000 doctors, nurses, medical technicians and health care aides a year were abusing or dependent on illicit drugs.
  • Military hospitals are less safe than civilian hospitals.
  • Medical malpractice insurance premiums are not rising.
  • When newly trained New York state physicians were asked their main reason for leaving the state, “cost of malpractice insurance” was practically dead last, and the state’s liability laws was not even mentioned as a factor.

Interestingly, rising liability insurance premiums due to the high volume of medical malpractice lawsuits is frequently cited as a basis for instituting tort reform (laws that limit the right to sue, or that cap the amount of money injured patients can recover for their injuries).  According to this book’s findings, however, medical malpractice insurance companies are making twice the profit of the entire insurance industry, and malpractice insurance premiums are in fact not rising.  Moreover, constituents are often led to believe that physicians are leaving their state because of high insurance premiums or unfavorable liability laws.  At least in New York, this appears not be true.

U.S. Department of Health and Human Services Closes Medical Malpractice Reporting Loophole

Generally, physicians and their liability insurance carriers are required to report all medical malpractice payments to the National Practitioner Data Bank.  Due to a legal loophole that exists in certain states, however, doctors and their insurance companies have be able to avoid reporting medical malpractice settlements that result from a mediation process.  In effort to close this loophole, U.S. Department of Health and Human Services Secretary Kathleen Sebelius recently signed a decision memorandum requiring doctors and medical liability insurance companies to report all medical malpractice payments made by or on behalf health care providers if even they are the result of a state-approved mediation process.

If you believe that you or a loved one has been the victim of medical malpractice, contact the experienced medical malpractice attorneys at Stark & Stark for a free consultation.

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