Myths About Medical Malpractice

Myths About Medical Malpractice by Mike Baird

You have probably heard some of the following:

1. Doctors are leaving Illinois due to their insurance rates.
2. Juries are awarding more money than ever.
3. Insurance companies have to pay millions because of frivolous lawsuits
4. Everyone sues at the drop of a hat.
5. Juries award millions of dollars to people who are not really hurt, or people who caused their own injuries.
6. Limits on how much a jury awards an injured person will make health care more affordable, and will lower doctor’s malpractice insurance costs.

How many of these statements are true? If you said “zero”, you would be the winner. The number of doctors in Illinois has been steadily increasing. The amount of money awarded by juries has not increased, and has in fact gone down slightly over the last few years. A frivolous lawsuit is one brought without any proof that the defendant is responsible for the plaintiff’s injuries. If there is no proof, the defendant wins and the insurance company pays nothing. Most frivolous lawsuits are thrown out of court shortly after they are filed. The number of injury lawsuits filed has gone down steadily over the last ten years.

A Harvard study concluded that over 200,000 people are injured or killed each year by malpractice. A malpractice claim was filed in only 5% of the cases where the Harvard study found actual malpractice. Only 30% of those people recover anything from their suit. Limits on jury awards have been adopted in several states. The insurance rates for doctors in states where limits have been imposed on awards are just as high, and in some cases higher, than insurance rates in states without limits.

Why do you hear these false things about the jury system? It is because the people who already have most of the money want to keep it that way. The insurance industry collects billions from its policyholders. They would rather keep the money than pay it to people who have been injured. The less they have to pay, the more they can keep for themselves. It is true that doctors have to pay too much for their insurance. But it has very little to do with what the insurance companies pay out. There are two ways to solve the problem. First, give people quality medical care. Stop malpractice from happening. Second, force the insurance companies to give their policyholders the benefit of all of the money that they make. There is no reason for the insurance companies to raise their rates when they are making record profits.

By spreading these false claims, the people with most of the money improve their chances of keeping even more of it. Who loses? Anyone who has been unfortunate enough to be on the receiving end of bad medicine. When I ask potential jurors about their feelings about the court system, many repeat the myths they have picked up from the insurance industry. Don’t be fooled. The courts are the only place where ordinary people have any chance against the powers that be. If someone tells you that the rich companies don’t like it when average people take them to court, don’t feel sympathy for the companies. They don’t need more money. They need to take care of the people that they harm.