A recent American Medical Association (AMA) study proves that doctors are not leaving the practice of medicine because of malpractice lawsuits.
For years news stories, and speeches of politicians – even a former President – have told us that many physicians were leaving the practice of medicine because of malpractice lawsuits. They claim the threat of legal liability, and the increasing cost of malpractice insurance in states without strong tort reform laws, is driving good doctors out of medical practice.
The data in the AMA study shows that such claims are a myth. Recent AMA data reveals that, actually, there has been a larger increase in the number of doctors in states that do not have strict “tort reform” laws – i.e. laws that restrict and limit a doctor’s liability for malpractice. This data proves that, the truth is that there is really an increase in the number of doctors in those states where doctors are exposed to higher liability verdicts and insurance premiums for malpractice.
This data proves that access to good medical care, and a fair system to compensate victims of malpractice, are not in conflict. They can and do co-exist. More doctors are now practicing in states where patients are protected by strong tort laws, and the doctors are less protected by tort reform measures limiting their liability for malpractice. The AMA study demonstrates that further tort reform is unnecessary in the medical malpractice field, contrary to many editorial news stories and the rhetoric of politicians. Indeed, the data indicates that strict tort reform may actually be detrimental to patient safety, and result in harming the patients most in need of the help from the civil justice system – those that have suffered a severe disability, or death, from medical negligence.
The AMA found that in the last five years the number of doctors has risen in all states. The number of doctors per capita was actually 13% higher in states without damage caps that limit the amount of malpractice awards.
Interestingly, this data confirms other research done by the Commonwealth Fund and the American College of Emergency Physicians. These organizations found that health care quality, and patient safety, are actually worse in states that have strict tort reform measures that reduce accountability and liability of physicians and hospitals.
The bottom line: objective data by those working within the medical industry now indisputably shows that improving patient safety, rather than limiting access to the civil justice system, should be the focus of future legislation regarding health care services and malpractice law suits.
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