Reforming medical malpractice claims is always a controversial topic. Included in that discussion are bigger issues such as perpetually increasing insurance premiums, the quality of medical care and its costs, and doctors leaving the practice.
Putting those larger issues aside, medical malpractice cases filed in Maricopa County have dropped 27.6% since 2005. In Pima County, the drop is 39%. During the past five years in Maricopa County, 135 medical malpractice cases went to a jury, resulting in 110 (81%) defense verdicts (meaning the plaintiff was awarded nothing).
Less attorneys are filing less medical malpractice cases, and less defense attorneys have less medical malpractice work to keep them busy.
In a recent survey, Arizona lawyers – both plaintiff and defense – were questioned about medical malpractice and the current trends they are seeing. When asked for the possible causes of decreased medical malpractice filings, the responses included higher litigation costs, hostile juries, new legal restrictions, President Bush, and insurance companies. Some felt it is just part of a natural cycle. No one claimed it was due to improved medical care, and no one claimed the current downturn was temporary.
Mistakes do happen in every profession and industry. When mistakes happen, the victim of that mistake should have a way to have the mistake corrected, if possible. If a correction is not possible, then the victim should have a way to receive fair, reasonable compensation for what happened. Insulating any profession from liability, or reducing the risks and costs of those errors, will not reduce mistakes. At the same time, subjecting any profession to unreasonable, unfounded claims could drive away some from that profession.
Instead, the medical and legal professions, as well as federal and state legislatures, should work together to reform both the medical negligence liability insurance industry and the health care industry so that doctors and hospitals are fairly paid for their services, malpractice premiums bear some reasonable relationship to the quality of the practice, and patients retain the right to fair compensation for their injuries if mistakes do happen.
If you have any questions about personal injury/accident law please contact Rowley Chapman Barney & Buntrock and ask for Kevin J. Chapman at (480) 833-1113.
