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Colorado Legal Blog: Consumer News Your Can Use

Medical Malpractice Should Not Be a Bargaining Chip in Health Care Bill

surgical malpractice

Former Democratic Senator Bill Bradley recently commented that medical malpractice reform is a viable trade-off for universal health care.

But protecting the rights of patients should not be compromised.

"As they're discussing the health care bill, we do not think that patients' rights should be eliminated," says Linda Lipsen, VP of Public Affairs, AAJ.

The America Association for Justice's (AAJ), mission is to promote a fair and effective justice system. It supports attorneys with their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms (even when taking on the most powerful interests). The AAJ has challenged Mr. Bradley's "grand bipartisan compromise" with the following response:

Why the healthcare bill shouldn't take patients' rights off the table

  • Medical malpractice should not be a bargaining chip. Health care reform is about making sure that every American has access to quality, low-cost health care, not about limiting the legal rights of innocent patients harmed by medical negligence.

  • Taking away patient rights does not improve the quality of our health care system or produce cost savings. Forty-eight states have already enacted medical malpractice reform measures. Yet these legal restrictions have done nothing to improve our health care system, reduce costs, or help people harmed by medical negligence.

    Medical malpractice helps protect you and your family

  • Medical malpractice is about real people with real injuries. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors (the 6th leading cause of death in America).

  • Defensive medicine is a myth. Both the GAO and CBO question the prevalence of defensive medicine, and have detailed how tampering with the legal system will save practically no money. Some so-called defensive medicine may be motivated more by profit and less by liability concerns.

You can click here to send an email message directly to the Obama administration White House or call 202-456-1111 to show your support and oppose medical malpractice tort reform.

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