Health care providers and their insurance companies have managed to persuade
far too many Americans and injured parties that holding providers responsible
for malpractice is a bad thing. They also claim that the number of medical
malpractice claims and payments is increasing. This false presumption
may deter injured parties from seeking representation and compensation
for their injuries.
I simply cannot respond to the first contention. The idea of holding people
and corporations responsible for their actions does not seem to be a bad thing.
However, I can respond to the second point.
The fact is that the prevalence and cost of medical malpractice litigation
was at its lowest levels on record in 2011.
In contrast to the hundreds of thousands of annual adverse events attributable
to medical mistakes, only 10,195 medical malpractice payments were made
on behalf of doctors in 2011.
To put this in perspective, the number of payments made in 2011 equaled
only a little more than 1 percent of the number of Medicare patients that
the Department of Health and Human Services estimates suffered serious,
avoidable injuries that year - and that says nothing of the hundreds of
thousands or millions of non-Medicare patients who suffered serious harms
due to negligence.
The problem with medical malpractice is medical malpractice. It is not
litigation holding those who commit medical malpractice accountable for
their errors; its the presumption associated with medical malpractice
which deterred those harmed from seeking adequate relief.
If you have been injured due to faulty medical care, do not fall victim
to the false notions set forth by the medical community regarding your
right to redress and relief. You have a right to superior defense and
restitution; at Joey Gilbert Law we are committed to securing these rights
for you. Trust in our experience, compassion and understanding. Contact
our office at