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Are Medical Malpractice Caps effecting your care?

Submitted by jrlaw on Sep 21st, 2009

Six years ago, a law was passed to limit the amount of money given for medical malpractice lawsuits, including nursing home abuse. Proponents of the cap had promised lower costs of medical care; however, several surveys show this is not the case.

• The Dartmouth Institute for Health Policy found that Medicare spending in Texas rose 24 percent during the three years after the state capped malpractice compensation.

• The University of Alabama examined effects of malpractice award caps in malpractice insurance, defensive medicine and consumer health insurance premiums in all 27 states that have a cap. The study concluded caps have not led to health care cost saving for consumers.

Families USA, a consumer advocacy group in Washington, D.C. found health care premiums in Texas increased by over 86 percent between 2000 and 2007. In fact, their study shows healthcare increasing faster than salary increase.

• Not only is this effecting insurers’ bank accounts, but Texas Advocates for Nursing Home Residents has reported the quality of care has declined since the cap amendment was passed back in 2003.

No one wants frivolous lawsuits that make it hard to practice medicine. However, when standard of care, negligence and medical mistakes affect people who just want to get quality healthcare, then having a lawyer on your side is in your best interest. If you think you or your loved ones have been victims of a doctor, nurse or hospital making a mistake or being negligent, let us give you a free case review.