Rising Medical Malpractice Payouts Drive Push for Tort Reform
Medical professionals, insurance companies and government representatives are calling for tort reform, and warning that without it,
Claim severity has increased significantly in the past few years, especially for medical malpractice. According to the
With venue shopping, no caps on damages, and an increase in plaintiff ads, everything seems to be stacked against the medical professional defendants. These lawsuits increase malpractice insurance costs, and the fear of lawsuits leads physicians to practice defensive medicine. It's becoming harder to recruit doctors when surrounding states have caps on damages, and other tort reform legislation already in place.
"We're not trying to block plaintiffs from getting what they deserve– reasonable compensation for damages. We're against the nuclear verdicts," McGowin said.
The Medical Liability Act of 1987 put a
Since this decision, medical malpractice damages have skyrocketed. In the
"If the cap had held, we would be around
Before trial, plaintiff lawyers get to select a venue, which plays a huge role in the case according to McGowin.
"The plaintiff lawyers are always trying to shop venue," he said. "Venue is probably the number one thing they look at when they file a lawsuit. Our big metropolitan areas have become very plaintiff friendly –
"Some of our biggest settlements have been in cases where our hospital and doctors didn't even practice in that county, but they're sued there. We've got to change the venue statute in medical malpractice."
McGowin and Nekic have also seen the negative effects the global pandemic has had on the medical field, malpractice cases and lawsuits in general. "Since Covid, you can't turn on the television without seeing a plaintiff lawyer ad, " McGowin said.
The pandemic put a halt to most lawsuits, causing a backlog of court proceedings. Since the courts reopened, the cost of settlements and awarded damages drastically increased.
"You're faced with jurors who are not knowledgeable about healthcare, and you don't have judges who are trying to manage expectations," Nekic said. "Plaintiff's attorneys are advertising everywhere and saying they're getting multi millions. It's a jackpot justice."
Some hospitals and healthcare providers have insurance to cover the cost of damages while others do not. Either way, their rates will increase.
"That's the misconception that the general public doesn't understand. This money has got to come from somewhere," McGowin said. "It costs the average family in
To implement caps again, the supreme court could simply rule that the court back in 1995 was wrong and caps are constitutional. Then the cap of about
"Medical professionals are being very cautious with patients because they don't want to get sued. They're practicing defensive medicine instead of what they really wanted to do, which was to help people," Nekic said.


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