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David Mittleman
David Mittleman
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Medical Malpractice Accountability Remains Elusive

4 comments

About two months ago, I wrote about California’s Prop 46, which would have raised medical malpractice damage caps and required drug testing for doctors.  Voters have rejected the proposal, which was opposed by a well-funded campaign led by malpractice insurance companies and the California Medical Association.  Opponents claimed that the proposed law would increase the cost of health care, an assertion which has recently (and repeatedly) been proven untrue.

Malpractice Reform Has Minimal Effect on Cost or Practice of Medicine

A study published in the prestigious New England Journal of Medicine last month revealed that laws designed to reduce malpractice claims do not reduce the cost of care.  Supporters of malpractice reform have argued for decades that fear of lawsuits results in “defensive medicine” — unnecessary medical tests and procedures performed by health care providers simply to avoid being sued.  After reviewing the results in three states that have implemented malpractice reform, the NEJM study found that laws making it harder for victims to recover reasonable and adequate compensation have almost no effect on the practice or cost of medicine.

Justice Denied

The story of the Schmitt family in Wisconsin is all too familiar.  In February, Robert Schmitt was about to undergo a routine heart procedure when he fell off the operating table and crashed to the floor, fracturing his hip.  Robert ultimately died, due at least in part to complications from his serious pelvic injuries.  The hospital’s insurance company offered a paltry $75,000 to Robert’s widow – not even enough to cover the medical bills.  Unfortunately, due to draconian malpractice reform laws in Wisconsin, the Schmitts appear to have joined an increasing number of people who are unable to hold negligent health care professionals accountable for their carelessness.  The medical malpractice laws in Michigan similarly prevent many victims and their families from even having their day in court.

If you believe you’v been a victim of medical malpractice please contact the Church Wyble Law Firm

4 Comments

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  1. jc says:
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    Thank god the good people of California decided to ignore pathological lying plaintiff attorneys like Dave Mittleman. Dave that law was a gross overreach. Requiring drug tests for innocent doctors, just because they are doctors? Where is your common sense David? It appears that you do not believe in concepts like “presumption of innocence”, or “probable cause”. Making doctors take drug tests simply because they are doctors offends me and it should offend you! Thank god the good people of California threw this law out!

  2. jc says:
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    So let’s talk about plaintiff attorney accountability. Whoops, there is none! All a plaintiff attorney has to do to sue a doctor is finish law school and pass his state bar and then go sue a doctor. Since malpractice law is about the second most difficult law out there, this is analogous to an intern finishing his internship and, the next day, walking into the operating suite to do brain surgery! In 2012, about 2800 medical malpractice suits were filed in Ohio. Since any incompetent bozo plaintiff can file a medical malpractice suit, is it any wonder that 92.3% of those court decided cases were dismissed in favor of the Doctor?

  3. Sq says:
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    I have TBI two years it take to find at start after operation I was ok I could drive I could function on own now I am losing all I have. Now one doctor spot brain injury right away others not agree take two years to test to find out wrong doctor not do what he say doctor not give home Heath after operation above poster think all lawsuits dumb car crash not so not at all if mistake made must fix

  4. Sq says:
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    To think they not be bad doctors out there be silly see how many people operate on selfs enlarge body parts cause harm to selves do operations with to much risk by choice we should have laws protect people from selfs but you sign paper you unprotected however doctor is still smart enough to know they harm this not wrong