Hard Facts About Medical Liability Reform
October 2, 2009
In POLITICO today, Congressman Lamar Smith takes on the head of the trial lawyers lobby, Anthony Tarricone, over his claim that “tort reform will do nothing to fix health care.” To make his case, Smith marshals some impressive facts:
- According to a study by the Harvard School of Public Health, 40% of medical malpractice suits are without merit.
- The U.S. Department of Health and Human Services (HHS)estimates unlimited excessive damages adds between $70 billion and $126 billion to health care costs every year.
- According to HHS, doctors order $60 billion worth of unnecessary tests, procedures and other forms of defensive medicine - in large part to protect themselves from abusive lawsuits.
- The Congressional Budget Office estimates that limiting non-economic damages - awards for “pain and suffering” - would reduce medical liability insurance rates by 25% to 30%. Lower liability premiums mean lower health care costs.
The trial lawyers lobby is desperate to scare Americans into believing the medical liability reform will limit their access to the courts in the event of a true medical mistake. But the only thing it will limit is the ability of trial lawyers to walk away with Powerball-sized legal fees.