Tuesday, November 30, 2010

Balancing the Budget on Broken Backs

The results are in. The bipartisan National Commission on Fiscal Responsibility and Reform, created by President Obama by executive order on February 18th, 2010 submitted its draft proposal for deficit reduction on November 10th. The 50-page plan calls for reducing the deficit nearly $4 trillion by 2020 through cuts in spending, tax reform, and other measures. A significant portion of the proposal is dedicated to a package of health care savings, which includes, among other provisions, a cap on noneconomic damages in malpractice cases.

Colorado already limits non-economic damages, e.g. pain and suffering, in medical malpractice cases at $300,000. Caps on damages were first enacted in Colorado in 1986. The cap was increased from $250,000 to $300,000 for claims arising after July 1, 2003, but has not even been adjusted for inflation since then. In contrast, non-economic damages in other cases of negligence can be assessed at nearly one million dollars.

Obviously, the harm caused by an incompetent or negligent doctor or hospital can be just as great as that caused by a negligent truck driver or restaurant owner. What, then, is the reason for this double standard other than an organized and effective lobby of physicians and their insurers? Whether Congress acts upon the report or not, the report has already been seized upon by insurance industry lobbying groups as support in their long-standing fight to enact "tort reform" at the state and national levels.

The justice system is equipped to handle personal injury and medical malpractice claims appropriately. Frivolous suits are dismissed, and plaintiffs who are truly injured have the burden of proving the nature and extent of their injuries and justifying the dollar amount they seek. A jury of peers decides how much in damages to award, and judges have the discretion to adjust those figures when they deem it necessary.

If as a country we are looking at ways to reduce the deficit, which is a laudable goal, do we really need to do it at the expense of people and families who have suffered severe and catastrophic injuries due to the gross neglect or incompetence of the system to which they entrusted their health?

Thank you for taking the time to read our blog. We hope that these articles are both informative and thought-provoking. If you or a loved one has been harmed in a case of medical malpractice, contact our office for professional legal help. If you have a question or comment, please feel free to reply to this blog or contact us via e-mail.