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February 06, 2012
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Medical Malpractice News

 

Linder Votes To Protect Patients By Limiting Runaway Medical Malpractice Awards

House Bill Ensures Prompt Resolution of Claims While Placing Caps on Damages
 
Washington, D.C. - Congressman John Linder (R-Georgia) on March 13 joined with a majority of his House colleagues in voting to reform the broken medical liability system in the U.S., placing limits on soaring malpractice awards and bringing accountability back to the process. The HEALTH Act passed the House by a vote of 229-196.

“Across the country, patient care is being jeopardized by a medical liability system that rewards trial lawyers,” said Linder. “I have seen many friends leave the medical profession simply because they cannot afford to pay for their liability insurance, and it is the patients who suffer in the end. This bill should begin to address some of these imbalances,” Linder continued.

H.R. 5 is designed after a highly successful California law that has resulted in medical liability disputes being settled 26% faster, saving doctors and patients years in the courtroom, and saving California patients $6 billion annually on health care. The bill would institute a number of needed reforms, including a window of three years after suffering an injury during which an individual would be allowed to file a health care liability action and a cap on both non-economic and punitive damages. The bill would also direct that patients’ attorneys do not receive an unjust portion of a recovery, and ensure accountability by allocating damages in direct proportion to fault.

“The need for reform is clear. Malpractice insurance rates across the country have risen 505 percent since 1976, and the average jury award is now $3.5 million, up more than 70 percent since 1995,” said Linder. “The health care we receive in the United States is the best in the world because of the people who choose to enter the profession and the education they receive. It is a shame that we have allowed our runaway liability system to force many of these highly-trained professionals out of the medical field. We can - and must - do better,” Linder continued.

Less than 2 percent of malpractice claims result in trial victories for patients. Even in the case of a jury award, harmed patients receive less than 30 percent of what doctors pay for insurance. 

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in South Dakota.

 

 
Did You Know?    
 
 
Sexual abuse is a form a medical malpractice
Sexual abuse of or sexual misconduct with a patient is also a serious issue. Six to ten percent of psychiatrists surveyed confessed to having engaged in sexual contact with a patient and in a longitudinal study.

 


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Linder Votes To Protect Patients By Limiting Runaway Medical Malpractice Awards
“Across the country, patient care is being jeopardized by a medical liability system that rewards trial lawyers,” said Linder. “I have seen many fr...
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Medical Board Launches New, Consumer-Friendly Web Site Address
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  • The date a physician's license was issued, and the date it will expire if not renewed
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    Medical Malpractice Lawyer.com Terms

     


    Today's Terms

    Miscarriage

    Definition:
    When circumstances cause the mother's body to react to a problem in the pregnancy. This may cause bleeding, cramping, and will ultimately cause the loss of the pregnancy.

    Anesthesia

    Definition:
    A large class of claims related to anesthesia has resulted from cases where the anesthesiologist or anesthetist did not take a complete medical history of angina, myocardial infarction, recent upper respiratory infection, and asthma.

    Cesarean

    Definition:
    Commonly referred to as "C-section". A surgical procedure in delivering the baby. Epidural (pain medicine) is given at this time, and an incision is made in the very low part of the woman's abdomen

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    South Dakota Medical-Malpractice Attorney

     
    If you live in the following cities and need an Medical-Malpractice attorney you should contact our Medical-Malpractice Attorney as soon as possible:

    • Aberdeen
    • Brookings
    • Huron
    • Mitchell
    • Pierre
    • Rapid City
    • Sioux Falls
    • Spearfish
    • Vermillion
    • Watertown
    • Yankton
     


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