Report: Medical malpractice lawsuit crisis a “hoax”; our firm responds

January 24, 2007, New York, NY—The belief that the United States is in the throes of a medical malpractice lawsuit crisis can be blamed on just a tiny group of negligent doctors, says a new watchdog report.

According to “The Great Medical Malpractice Hoax,” released by Ralph Nader’s Public Citizen group, just 5.9 percent of doctors have been responsible for 57.8 percent of all medical malpractice payments, as of research spanning 1990 through 2005. The study found that each of these doctors made a least two payments, while conversely, the vast majority of physicians—82 percent—have never even had a medical malpractice payment.

“We've been telling the legislature and the public about this for years. Now we finally have the data to prove it,” said Allan Zelikovic, head of the Medical Malpractice Unit at Weitz & Luxenberg. Zelikovic’s cases include one involving a girl who suffered brain damage at birth due to appalling substandard medical care. The monetary award derived from that case is now used by her mother to help mitigate the overwhelming cost of caring for her for the rest of her life.

The study concerned itself with such negligence, with researchers analyzing data from the National Practitioner Data Bank Public Use File. Part I of the analysis shows that the claims of business and medical lobbies are “exaggerated and unsupported by the facts.”

Part II examines data related to physician error and discipline, finding that “the real medical malpractice crisis continues to be inadequate patient safety, rather than the legal system.”

The report claims that there is a grievous lack of accountability on the part of a small group of doctors who commit a substantial number of avoidable errors that seriously injure patients.

The report contends that the business lobby seeks to protect its interests and distract people from medical negligence by calling for limits on malpractice litigation. Health care providers, said the report, would be better served by striving to improve patient safety than giving credence to myths perpetuated about the court system.

If you have been harmed by a negligent doctor or other medical professional, we many be able to help you file a lawsuit.

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