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Our Broken Medical Malpractice System

A recently released book, “Medical Malpractice Litigation How it Works”, by Bernard S. Black; David A Hyman; Myungho Paik; William M. Sage; and Charles Silver is a well-researched and thought-provoking look at how our medical malpractice system has failed, and is failing injured patients.

Some of the most telling findings are that negligently injured patients—especially the severely injured — are not being fully compensated and how costly and slow the system currently is. In fact, paid claims have declined steadily over the past 20 years and small claims are left in the dust.

The research further asserts that the medical malpractice system doesn’t do enough to encourage providers to improve quality and patient safety—the root cause of negligence claims.

Legislatively imposed caps on the amounts that negligently injured patients can collect in damages make the above problems worse. The book’s research revealed that these cap reforms are in reaction to dramatic spikes in malpractice liability premiums, the causes of which are outside the litigation system.

The book illustrates the need for real reform that protects those who are injured by negligence and also asserts the necessity for real change in health care oversights to improve patient safety.

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