Tip of the Caps: Tort Reform’s Real Impact on Health Care

A new study has revealed that legislatively imposed caps on damages in medical malpractice cases has a clear detrimental effect, not only on injured parties and their respective families, but on the quality of health care in general.

In fact, the authors of this study claim that these reforms even lead to increased medical errors and health care costs. The essence of this allegation is that because providers are aware of these caps, and know that they will act as a backstop against substantial sums of money being awarded, that there is a relaxation in the care provided.

Furthermore, health care costs in states that have enacted such caps on damages have largely seen no reduction in such costs, but alternatively, have even seen an increase in spending, including Medicare Parts A & B. The reason behind this jump in costs is related to physicians having a greater willingness to provide riskier or unnecessary procedures, which under normal circumstances these physicians would avoid.

It is evident that there are certain purported benefits of Tort Reform that are trumpeted to both lawmakers and the public in an effort to garner wide support for such measures. However, the reality of these benefits, as well as the intent behind trying to enact them, is far more nefarious.  It appears that the victims of medical malpractice are not the only ones harmed by these reforms, because at some point, we may all feel the impact of this destructive, and self-serving, legislation.

For more information you can view the study directly here:

http://centerjd.org/content/fact-sheet-new-studies-show-caps-damages-ruin-health-care