Medical Malpractice and Health Care
Medical Negligence:
The Role of America’s Civil Justice System in Protecting Patients’ Rights
February 2011
Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights
1
Table of Contents
Executive Summary The Problem
Preventable Medical Errors Investing in Patient Safety
3 5
The Patients
Medical Negligence Lawsuits Few and Far Between The Search for Accountability
8
The Physicians
Doctors Not Fleeing the Profession Physicians and Premiums Stable Claims but Rising Premiums Practice Expenses and Income
11
Costs
Medical Negligence a Tiny Percentage of Health Care Costs Industry Profits Defensive Medicine Reform Proposals
15
Why We Need the Civil Justice System
Injured Patients Overlooked Civil Justice and Patient Safety More Tort Reform Equals Worse Health Care Weeding Out Dangerous Doctors
25
Conclusion Appendix - Patient Safety Initiatives Endnotes
29 30 31
Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights
2
Executive Summary
The Health Care Debate
The reform of the country’s health care system remains a controversial debate for Congress and the administration. Much of this discussion focuses on the cost of health care and the driving factors behind it. In that context, some have demanded restrictions on patients’ rights to hold negligent healthcare providers accountable, but have refused to pay attention to reducing and eliminating preventable medical errors. A large body of research now indicates that many of the common perceptions about medical negligence are little more than myths. This report analyzes the most recent empirical work on medical negligence to better understand the challenges facing the health care system.
Preventable Medical Errors – The Sixth Biggest Killer in America
According to the Institute of Medicine, preventable medical errors kill as many as 98,000 Americans everyyear, and injure countless
The Role of America’s Civil Justice System in Protecting Patients’ Rights
February 2011
Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights
1
Table of Contents
Executive Summary The Problem
Preventable Medical Errors Investing in Patient Safety
3 5
The Patients
Medical Negligence Lawsuits Few and Far Between The Search for Accountability
8
The Physicians
Doctors Not Fleeing the Profession Physicians and Premiums Stable Claims but Rising Premiums Practice Expenses and Income
11
Costs
Medical Negligence a Tiny Percentage of Health Care Costs Industry Profits Defensive Medicine Reform Proposals
15
Why We Need the Civil Justice System
Injured Patients Overlooked Civil Justice and Patient Safety More Tort Reform Equals Worse Health Care Weeding Out Dangerous Doctors
25
Conclusion Appendix - Patient Safety Initiatives Endnotes
29 30 31
Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights
2
Executive Summary
The Health Care Debate
The reform of the country’s health care system remains a controversial debate for Congress and the administration. Much of this discussion focuses on the cost of health care and the driving factors behind it. In that context, some have demanded restrictions on patients’ rights to hold negligent healthcare providers accountable, but have refused to pay attention to reducing and eliminating preventable medical errors. A large body of research now indicates that many of the common perceptions about medical negligence are little more than myths. This report analyzes the most recent empirical work on medical negligence to better understand the challenges facing the health care system.
Preventable Medical Errors – The Sixth Biggest Killer in America
According to the Institute of Medicine, preventable medical errors kill as many as 98,000 Americans everyyear, and injure countless