New Mexico Injury Lawyer Blog

Last week the Department of Health and Human Services announced millions of dollars in grants to states to address medical malpractice. These grants will go to state health departments, universities and medical centers for demonstration projects designed to reduce injuries, decrease the numbers of lawsuits, improve doctor/patient communication and lower liability insurance premiums.

These funds were approved after recent studies show that despite calls of a lawsuit crisis and insurance crisis - the real issue is way too much medical malpractice exists causing catastrophic injuries. Preventable medical negligence may occur because of untrained/unsupervised residents making prescription errors. It may occur when a small handful of doctors act negligently and states fail to adequately discipline them. Negligence may occur when communication fails between hospital staff.

Medical negligence does not occur as the result of lawyers bringing lawsuits.

Much of the recently approved grant money will go toward programs designed to improve patient safety such as improving communication. However, monies will also go towards programs focused on early disclosure and compensation. Although prompt attention to malpractice claims can be beneficial, models emphasizing early disclosure and settlement of cases often fail to address the root cause of malpractice and provide inadequate compensation to the victims of gross negligence.

Continue reading "Grants Awarded To Study Medical Malpractice " »

On Monday, the U.S. Senate began debating the historical health care plan designed to reform the nation's health care system by changing the way insurance companies do business. Senator Henry Reid's (D-Nev) bill will provide much needed reform and assistance to the millions of Americans who pay exorbitant fees for health care coverage, are denied coverage or who receive inadequate health care coverage. But critics - including medical malpractice defense attorneys, insurance companies and hospitals - seek to prevent passage of this historic measure by arguing that health reform must also include "tort reform." These naysayers argue that in order to adequately address health care reform, we must also cap damages in medical malpractice actions (which would limit the amount awarded to the catastrophically injured as a result of physician and hospital negligence.) However, studies have shown that capping medical malpractice awards has little overall effect on the cost of health care. In fact, New Mexico has some of the least restrictive tort reform laws and also ranks as one of the lowest states in health care costs. Limiting the amount those who have been catastrophically injured may recover due to physician malpractice, human error and hospital negligence shifts the financial burden from those who caused the injury to those suffering the consequences. Those individuals become victims twice - first as a result of medical negligence and second as a result of the court system denying their right to adequate compensation. Further, tort reformers' claims that physicians' fear of lawsuits - so called "defensive medicine"- has contributed to the overall cost of health care have been greatly exaggerated. Studies show that the costs of physicians practicing "defensive medicine" have little if any impact on the overall cost of healthcare.

Continue reading "New Mexico Medical Malpractice - Tort Reforms Hurts Those Most In Need" »