AAJ Response to President Obama’s Comments at the AMA
American Association for Justice President Les Weisbrod issued a statement following President Obama’s comments (6/15). Mr. Weisbrod agreed that “it’s clear America’s health care system is in crisis. Over 40 million people are without health insurance and costs are skyrocketing. President Obama is right that health care reform is needed now and patient safety should be the top priority.” As a medical malpractice lawyer I align myself with his sentiment.
What is less clear is the role that medical negligence plays in the skyrocketing costs and the health care debate. “According to the Institute of Medicine, 98,000 people die every year because of medical errors. Eliminating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention.”
Many believe that the practice of so called “defensive medicine” is the primary culprit for the high and rising health care costs. However, this assertion “is not supported by empirical data or academic literature.” Recent news reports, CBO and GAO analyses, and statements from administration officials have shown that “physicians will over-test and over-treat purely for financial reasons, unrelated to liability concerns.”
While the healthcare system is clearly in need of reform, patient saftey should not be sacrificed. Limiting the rights of victims of medical negligence would have a detrimental effect on the quality of health care. Lawmakers should seek to decrease the 98,000 deaths that occur each year as the result of medical negligence, and limiting the ability for victims to hold wrongdoers accountable will not accomplish this goal.
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