The Painful Truth Facing Some Wrongsite Surgery Victims
A recent article in the Washington Post discussed the epidemic of wrong site surgeries in our operating rooms. The article pointed out the increase in reported incidents despite mandatory safeguards that were put in place since 2004. You will notice the use of the word reported since hospitals are NOT required to report wrong site mistakes.
As part of the discussion, the author points out the lack of legal action as a contributing factor to this increase. Unfortunately, she doesn’t expand on this. I’ll do this for her.
It is true, attorneys are hesitant to take these cases, and many medical malpractice cases in general. The fact is, damage caps and tort reform have made it impossible for lawyers to pursue every legitimate case presented to them. Trying a medical malpractice case is extremely time consuming and expensive.
These types of cases are usually taken on a contingency basis. This means the law firm flips the bill for the multitude of medical records, expert witnesses and so on. Attorneys only collect money if a settlement or favorable decision is met and this can take years.
With the current damage caps limiting the total amount of money a person can receive, this has forced attorneys into only accepting those catastrophic cases that are financially possible for the firm as well as the client.
This is an issue I struggle with on a daily basis. It is by no means easy to reject the cases of victims that come to us daily. Many have a legitimate claim against a medical professional, but damage caps and tort reform have made it impossible to represent them because they weren’t hurt enough. It is just simply impossible and financially reckless to spend the time and money to pursue a case that will only result in a recovery that does not benefit the client or firm.
Knowing this, it’s not surprising to see the article cite a study that says only one in three of these wrong site mistakes result in a medical malpractice case. While sad and extremely frustrating to both attorneys and victims – this is the current atmosphere we live in.
In many ways, the legal system has been manipulated from a source of justice and protection for individuals to a system of protection for corporations and insurance companies.
If you read this and feel angry, you should be. Absurdly low damage caps do nothing for you as an individual. All these so-called reforms do are protect those who injure individuals and dictate what your injury is worth.
Next time a politician says these reforms are there to drive costs down and help consumers, call them out for it. It’s a blatant lie spread to limit your access to justice and protect the deep pocket books of those who contribute to their campaigns. Not only have healthcare costs continued to rise, despite tort reform and damage caps, but so have instances of medical negligence and malpractice. Remember this next time you are in the polling booth.
Wanna Know More?
Check out the eye-opening documentary, Hot Coffee. This critically acclaimed film does an amazing job of laying out the facts surrounding so-called tort reform.
You can currently catch it on HBO through the end of September.
Don’t have HBO? Visit www.hotcoffeethemovie.com to pre-order the DVD and learn more about the filmmakers and how you can take action!
Category: In Depth
