Is Medical Care Getting Safer? Or Are Fewer People Filing Claims?

According to the National Practitioner Data Bank (NPDB) data, 2011 had the lowest amount of reported medical malpractice lawsuits since 1991. This information on the surface suggests that medical practice has improved, thus leading to fewer claims. Both consumer advocate groups and tort reform groups, usually on opposing sides, agree that the numbers are misleading. Why Are The Numbers Lower? Although it would be wonderful to think that these claims are lower due to increased health care standards, there are other reasons these numbers have Continue reading

Are Caps on Medical Malpractice Lawsuits Unconstitutional? Florida Lawsuit Stirs Intense Controversy

A lawsuit currently underway in Florida is questioning whether a $1 million cap on medical malpractice is unconstitutional. The controversy began earlier this year, when Atlanta’s 11th U.S. Circuit Court of Appeals handed over a verdict in the case of Michelle McCall. McCall died in 2006 after  suffering childbirth complications at a Florida Air Force Clinic. At the time, McCall’s family sued the U.S. government for $3 million - $1 million for medical costs, and $2 million for unspecified damages. The Circuit Court ruled in May that a Continue reading