Medical Malpractice News

Debunking the Top 5 Myths about Medical Malpractice

You may have heard a number of myths about medical malpractice and the civil justice system. Here are the facts:

1. Myth: Debate over malpractice compensation is just about frivolous lawsuits.
   
   Fact: The proposed limits on damages would apply to all cases, no matter how serious the injury or how egregious the malpractice by the doctor, hospital or drug manufacturer.
   
   
2. Myth: Medical malpractice claims are driving up the cost of health care for everyone.
   
   Fact: The Congressional Budget Office (CBO) reports that all costs related to medical malpractice account for less than 2% of total health care costs.
   
   
3. Myth: We need caps on damages to reduce doctors' malpractice insurance premiums.
   
   Fact: States that have enacted caps haven't seen lower rates—and insurers admit they won't reduce rates if new legal restrictions are enacted.
   
   
4. Myth: Fear of being sued forces doctors to practice defensive medicine.
   
   Fact: The General Accounting Office (GAO) says the evidence that defensive medicine occurs is "weak and inconclusive." And the CBO says "savings from reducing defensive medicine would be very small."
   
   
5. Myth: Medical malpractice and negligence are not a problem.
   
   Fact: As many as 98,000 individuals die every year because of medical errors - more people than die in motor vehicle accidents or from breast cancer.

January 31, 2005