LEGAL PERSPECTIVES – STEVE KARP – 10/3/2009

Legal Perspectives – Steve Karp – 10.3.09

As Heard on the Big Talker 1210 AM

Play podcast:

A MEDICAL MALPRACTICE CRISIS? NOT!

Today, I would like to say a word about a situation which affects all of us – our disappearing rights.
We are being brainwashed into believing that there is a medical malpractice crisis due to an explosion of litigation and frivolous lawsuits. We are being told over and over again that juries cannot be trusted; that they throw millions of dollars at people who have suffered only slight injuries based on sympathy and this is driving doctors out of practice.

This is hogwash.

There are proposals in Harrisburg and Washington to limit non-economic damages in a malpractice case to only $250,000. This lifetime limit would be for any type of injury no matter how outrageous. A one-size fits all solution. The hospital mixes up your daughter’s blood type and she receives the wrong organs and dies – that would be $250,000. Your doctor mistanenly tells you that you have breast cancer and removes your healthy breasts – $250,000. You get the point. Do eliminating the rights of those who are truly hurt, really help?

Pennsylvania insurance department statistics for the past three years show that the total jury awards exceeding $1,000,000 have dropped from 44 to only 22. More astounding the actual money paid out has decreased by 75% from $415,000,000 down to $93,000,000. These are payouts for people who are seriously hurt and need the help. Payouts pale in comparison to the premium dollars charged by the insurance companies to make up for their bad business practices. Doctors and legislators should be looking to reform the gouging insurance companies – they should not be looking to hurt the victim a second time. Peter J. Hart, Esquire