The Hemorrhaging Medical Malpractice System

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A service used to protect individuals harmed by the unforgivable actions of a doctor has turned into a moneymaking scheme. Medical malpractice has been in the United States since 1794 and has since become a multibillion-dollar industry. Since the start of malpractice insurance, the cost of premiums that the companies charge has increased, causing the cost of medical procedures to subsequently increase. By capping monetary compensation for different injuries, this multibillion-dollar industry will run smoother and allow doctors to provide cheaper health services. Medical malpractice is an essential check in the medical field, but currently is doing more harm than good. Limiting medical malpractice payouts will lower the costs of premiums while keeping the vital program intact.
Capping medical malpractice seems counterintuitive because the program is in place to compensate victims of negligence, but capping monetary damages are a necessity to reduce the cost of health care. Medical malpractice torts are a way for victims of a doctor’s negligence to collect damages from the doctors. This system is necessary to the success of the medical field, but the payouts have become too high. In several states, there have been caps placed on malpractice payouts and impressive results have come into public view: “Twenty-eight states have laws that limit payments in malpractice cases, and several studies indicate that these laws reduce the frequency and severity of malpractice claims and lower premiums” (Hellinger). These twenty-eight states have seen lower insurance rates because doctors are not paying as much money in medical malpractice insurance rates as they had been. In California there is a cap of $250,000 on noneconomic damages, which ha...

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...al malpractice suits before too many competent doctors retire and leave the “high” risk patients out to dry.

Works Cited

CBO. Limiting Tort Liability for Medical Malpractice. Washington, D.C.: United States Congressional Budget Office, 2004. Print.
CMA. "CMA - California Medical Association." MICRA. Web. 18 May 2014.
Fitzgerald, Sandy. "Harry Reid: Obamacare 'Costs Me About $4,500 More'" Newsmax. 06 Dec. 2013. Web. 18 May 2014.
Hellinger, Fred J., and William E. Encinosa. "The Impact of State Laws Limiting Malpractice Damage Awards on Health Care Expenditures." NCBI. Web. 18 May 2014.
Manner, Paul A. "Practicing Defensive Medicine—Not Good for Patients or Physicians." Practicing Defensive Medicine—Not Good for Patients or Physicians. Web. 18 May 2014.
The Associated Press. "Limiting Malpractice Lawsuits Can save Big." Msnbc.com. 09 Oct. 2009. Web. 21 May 2014.

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