Every few years we hear about doctors fleeing states to get away from high malpractice insurance premiums. The medical malpractice insurers then claim they have to raise rates because of excessive malpractice lawsuits. Then the legislatures get nervous and enact laws that limit when and how victims of malpractice can sue, and how much they can collect in the form of caps. And guess what? It’s all a sham.
A study by the American Medical Association shows that doctors do not flee states without so-called tort reform measures, but that the numbers of doctors continues to climb in every state. Moreover, the number of doctors per capita is 13 percent higher in states without caps on recovery. That’s right, the states where there is no arbitrarily imposed ceiling on what a malpractice victim can collect actually has more doctors per capita than those with laws designed to retain doctors.
Next time you hear insurance company and state legislators that we need to impose limits on civil justice to prevent doctors from leaving California, be very wary. They did this in the early seventies and the effect has been devastating to those severely injured by medical malpractice.
The malpractice lawyers at Walton Law Firm LLP represent clients who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.