Why Medical Malpractice Reform Does Not Serve Justice


Specifically, this bill in Michigan would have basically granted immunity for doctors from liability in medical malpractice lawsuits as long as ‘the doctor acted with reasonable and good-faith belief that the conduct was well-founded in medicine and in the patient’s best interests.’  That’s not only a subjective standard, that’s a subjective standard that’s basically defined by the defendant.

Bills like this simply go too far in removing the possibility of frivolous lawsuits, which admittedly are a problem.  However, people tend to understand here how certain New York medical malpractice lawyers earn a positive reputation.  Below you’ll find a few reasons why ‘medical malpractice reform’ is a bad idea.

Insurance Companies Benefit Enough Already

Those who benefit the most with these medical malpractice reforms are the insurance companies.  When a New York medical malpractice lawsuit is filed, for instance, and the plaintiff wins a verdict that is high in number, the doctor’s insurance company will be the entity that typically pays that judgment based on the policy that’s held by that doctor.  Insurance companies are about to receive a windfall with the new healthcare system, and this approach to medical malpractice would only provide them with more benefit.

Insurance Premiums Don’t Rise Much if You Don’t Get Sued

Another common complaint with regards to the ability to file medical malpractice lawsuits is that doctors believe that it’s unfair for them to have to pay higher malpractice insurance premiums after they have been sued.  This is like saying that paying higher auto insurance premiums is unfair after you’ve been involved in several accidents.  If you don’t make mistakes, you don’t get sued, and if you don’t get sued, your insurance costs should remain relatively stable.

Justice is Justice

When someone suffers because of mistakes made by medical professionals who are providing care, they have few options for recourse.  One of the only options that remains is to file lawsuits against those who act in a negligent or reckless manner.  This will deter others from making the same mistake and it will help prevent other people from suffering the same harm.

If you or someone you love has been mistreated during the course of obtaining medical care, you need to seek the help of New York medical malpractice lawyers who have been fighting for the rights of patients for more than 40 years.  Contact The Fitzgerald Law Firm today to schedule a free initial consultation.