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The case against "frivolous" medical malpractice lawsuits

With a new president and administration about to be installed a few hundred miles east of Huntington, there is a lot of talk about change in the ways some things are done. One of the proposed changes bandied about is "reform" of medical malpractice law. Proponents claim there is a crisis in which "frivolous" medical malpractice claims are overwhelming the nation's health care system.

We have over the years read many sound arguments against these kinds of "reform" proposals and would like today to refer you to one penned by a Missouri attorney. He makes a well-taken point: those hurt most by these proposals are those who have already been harmed by negligent doctors or hospitals. The "reform" would limit the rights of people who have been injured by careless or reckless medical care providers.

The Missouri attorney notes that malpractice "reform" advocates claim that the blame for this manufactured crisis lies with lawyers who bring "frivolous" lawsuits. He points out in his op-ed piece for his hometown paper that "it's always important to remember that the cause of a malpractice lawsuit is malpractice."

After all, he writes, malpractice lawsuits are very expensive to pursue. And everyone understands that a frivolous claim is bound to get shot down by judge and jury. So does it make sense that attorneys would sink thousands and thousands of dollars into a frivolous legal claim they are sure to lose?

The Show Me state lawyer also points out that malpractice claims are dropping and that medical malpractice insurance costs are lower today for doctors than they were in 2001. So where is this crisis?

Some would say it's in health care, where research shows that medical errors have become the third most common cause of death in the U.S.

If you have been harmed by a medical error, you can speak with a Huntington attorney who knows how to protect you and your rights.

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