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.
Get a free legal review of your potential medical malpractice case when you
complete the form below. A representative of our firm will be in touch shortly.
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