Medical Malpractice

According to the records of the National Practitioner Data Bank (NPDB) for 2001-2002, medical malpractice payouts decreased by 8.2 percent; with total damages paid to victims declining by 6.9 percent, from $4.5 billion in 2001 to $4.2 billion in 2002, and with the actual number of claims paid decreasing from 16,669 to 15,304 during the same period. Those awards averaged between $25,000.00 and $30,000.00 per claim paid; with awards of over $1 million or more also decreasing by 11.5 percent, from 454 claims in 2001 to 402 claims in 2002.

NPDB records also show that just 5.2 percent of doctors with two or more paid malpractice claims were responsible for 55 percent of all medical malpractice payouts between 1990 and 2002; with only 1.1 percent of all doctors with three or more paid claims accounting for 30 percent of all malpractice payouts. Still, only 10.7 percent of all doctors with three or more malpractice payouts have ever been disciplined and only 16.9 percent of doctors with five or more medical malpractice payouts ever having been disciplined.

While all the lawyer bashing by doctors, hospitals, and their insurers over lawsuit abuse is mostly unjustified, (as shown by the data given above), recent medical malpractice insurance rates increases are, in fact, due more to their insurers’ Wall Street investment losses then to frivolous lawsuits and runaway juries, and it has been shown time and again that damage caps don’t necessarily equate to lower insurance premiums.

Nonetheless, those lobbying groups have done a good job in convincing the American public and even Congress that lawsuit reform in desperately needed. At the moment the U.S. Senate is considering a bill to limit non-economic damages in malpractice cases to only $250,000.00. Such caps are strongly supported by President Bush and Haley Barbour, our Republican Governorship of Mississippi. If a doctor or hospital killed your child or other family member would that amount justly compensate you for that loss, no matter how egregious the malpractice involved might have been? We think not. Just remember the next time you are asked to vote for tort reform, such laws take away one of our most fundamental basic rights -- the right of trial by jury.

While most medical malpractice attorneys can tell you there are probably 100 medical mistakes that injure patients for every medical mistake that actually rises to the level of medical malpractice, (and recent tort reform laws passed in Mississippi and other states make medical malpractice cases even more difficult), every person (or his/her heirs) deserve to have their specific medical mistake reviewed by competent attorneys who can properly evaluate and pursue such claims, if justified.

If you, a loved one, or someone you know have suffered serious injury or death let us help you investigate and evaluate your claim. You may fill out and submit our online form by clicking here. You may then also call us toll free or e-mail us for a personal consultation and evaluation of your case (see Contacts).