Don’t give tort reform too much credit

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The Ohio Department of Insurance reports that the number of medical-malpractice suits decreased from 5,051 in 2005 to 4,006 in 2006. Is this the result of the tort-reform law that caps noneconomic damages? Maybe, or perhaps what we are witnessing is the result of a national effort to reduce hospital errors. In 2005, the Institute for Healthcare Improvement launched the 100,000 Lives Campaign, a nationwide initiative to reduce preventable deaths in hospitals, with a goal of saving 100,000 lives over ...

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Tort reform is actually claim suppression

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Let’s call it what it is. What health care providers, their insurers and some politicians propose in the name reducing medical costs is not tort reform. It’s claim suppression. A genuine effort at reforming how medical malpractice claims are handled would include reforming the entire system, but tort reformers speak only of capping damage awards and attorney fees, which will benefit only providers and their insurance companies. Patients will be harmed by the change. (Note: my firm doesn’t handle medical ...

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