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 decreased. Although no one can say for sure, there are a few theories on the reasons. Less claims being filed. Due to litigation restrictions, it is thought that many malpractice claims are being dismissed or not filed at all. This means that victims of medical malpractice are paying for their own health care and treatments that were caused by physician errors. Claims not reported. It… Continue Reading
Tag Archives: medical malpractice lawsuits
Are Caps on Medical Malpractice Lawsuits Unconstitutional? Florida Lawsuit Stirs Intense Controversy
Posted in Medical MalpracticeA 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 $1 million cap should exist in McCall’s case, calling the cap Constitutionally sound. However, the judges left it up to Florida’s Supreme Court to decide whether a $1 million cap violates the state’s own constitution. Over the past few months, the ruling has prompted a flurry legal filings. On one side are doctors and several politicians, who argue that uncapped medical malpractice… Continue Reading