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Healthcare, Health Cost Debate

Louisiana 3rd Circuit Declares Med Mal Act Unconstitutional For Nurse Practitioners

On November 17, 2010, the Louisiana Third Circuit Court of Appeal issued a decision declaring Louisiana's cap on medical malpractice awards unconstitutional as it applies to nurse practitioners.  Specifically, in the case of Joe Olivier v. Magnolia Clinic, 09-439 (La. App. 3rd Cir.

Louisiana Patient's Compensation Fund Rolls Back Malpractice Rates

On October 24, 2010, the Louisiana Patient's Compensation Fund announced that it is rolling back insurance premiums for Louisiana doctors and health care providers by an average of 15.8 percent.  This reduction in malpractice premiums is retroactive to September 2, 2010.  The surcharge decrease will save doctors from $1,000 to more than $8,000 a year on their medical malpractice insurance premiums.  

Illinois Medical Malpractice Cap Unconstitutional

Recently, the Illinois Supreme Court struck down as unconstitutional a  state law capping non-economic damages in medical malpractice cases.  The Illinois suit was filed by Francis Lebron and her daughter, who was born in 2005 with cerebral palsy and other impairments. The Lebrons sued Gottlieb Memorial Hospital in Melrose Park, Ill., along with a doctor and nurse involved in the delivery, alleging negligence.

Huffington Post Reports Medical Malpractice Insurers Have License to Gouge

Huffington Post

The Huffington Post has recently posted an article titled: Medical Malpractice Insurers: “Time to End Their License to Gouge.” This insightful article discusses the repeal of the McCarran-Ferguson Act, a law which has been in place for nearly 60 years.  The McCarran-Ferguson Act allows the insurance industry to fix prices, collude and practice anti-competitive behavior. Significantly, the same practices bestowed on insurance companies in the McCarran-Ferguson Act are illegal in every other industry.

U.S. News And World Report Article Dispells Notion That Verdicts and Lawyers Are Causing Physician Malpractice Premiums to Rise

U.S. News and World Report

In its June 30-July 7 issue, U.S. News and World Report discusses physician and insurers' claims that malpractice awards are driving up the cost of physician malpractice premiums. According to this prestigious business magazine, "their diagnosis may be wrong."

The Medical Malpractice Insurance "Crisis" Is Caused By Insurance Companies, Not the Legal System


For years, insurance companies who wish to justify raising their premiums have used the "need for tort reform" as a handy excuse upon which to base their rate hikes. In the area of medical malpractice insurance, insurance companies have succeeded in convincing health care providers that the lawyers and the legal system are causing physician malpractice rates to climb.

Medical Malpractice is Not a Factor in High U.S. Healthcare Costs

Health Affairs

According to a study published in the July/August edition of the magazine "Health Affairs," Americans pay more for healthcare than people in other countries. The study reports that for the year 2002, patients in America paid an average of $5,267 per person for healthcare. This staggering number was more than 52% higher than any other industrialized country.

Medical Malpractice Caps Fail to Prevent Premium Increases for Physicians

Weiss Ratings, Inc

In June, 2003, Weiss Ratings, Inc. published a study demonstrating that caps on non-economic damages in medical malpractice cases have failed to prevent sharp increases in medical malpractice insurance premiums for physicians.

Congressional Budget Office Report Says Tort Reform Does Little to Decrease Healthcare Costs

Congressional Budget Office

On January 8, 2004, the Congressional Budget Office, the CBO, issued a report relating to the limitation of tort liability for medical malpractice. In this report, the CBO establishes that tort reform will do little to decrease overall healthcare costs.

Research Proves Unfounded Controversy Over Medical Malpractice Lawsuits


We are constantly being bombarded with press clippings, statistics, and other propaganda suggesting that "frivolous lawsuits" are threatening medicine across this country. We hear that malpractice premiums are skyrocketing and driving physicians out of practice. Doctors are telling some stories that expectant mothers no longer can find obstetricians willing to deliver their babies.

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