Medical malpractice reform continues to be a topic of interest among healthcare professionals, insurance companies, and the legal community. Suggestions for reform range from shielding doctors that follow best practices from liability to putting caps on monetary awards to incorporating specialized “medical courts” into the court system that would be devoted to handling malpractice cases. Individuals in support of these reforms suggest that they would not only assist in controlling costs, but also improve health professional’s practices. Many doctors are in support of some type of reform, as they wish to be better protected against false claims. Currently, medical malpractice suits are governed by state law, but some reform proponents argue that there is role for the federal government in this process.
Putting caps on medical liability would prevent outrageous verdict, but caps also limit juries from fully and fairly compensating injured patients and their families. Arbitrary limits not only hurt those patients involved, but doctors would have less incentive to maintain best practices. We believe that healthcare professionals are accountable for their actions and medical malpractice caps do not improve healthcare.
A recent study from within Cornell Law School claims that states have much lower health costs when they shield doctors from liability as long as healthcare providers follow best practices in comparison to states that do not have such provisions. Some reform supporters suggest a federal standard, but many observers also do not see a federal role in this issue. Federal intervention in medical malpractice reform remains a controversial topic.
At Florida Trial MD, we believe the focus should remain on doctors working to improve the healthcare delivery system and not on solely protecting themselves from accountability. We teach our children to be accountable for the consequences of their actions – shouldn’t physicians entrusted with the health and safety of the public likewise accept responsibility for their actions? If you have been injured as result of medical malpractice, please contact us online or call 407-244-1212 for a free consultation with our professional staff.
