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The Fallacy of Tort Reform

Do Lawsuits Increase Insurance Costs? No.

Medical malpractice lawsuits increase accountability and safety. Lobbyists and some politicians would have you believe that medical malpractice lawsuits are driving up the cost of medical malpractice insurance and the cost of health care. The facts don't support that belief.

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What is the fallacy of tort reform? Tort reform — limiting the ability of people to sue doctors and hospitals — would put the brakes on a force that keeps our health system striving toward safety.

  • Frivolous lawsuits? Judges have the right to throw out so-called frivolous lawsuits — and they do. If the wrong leg or wrong breast was amputated, that would not be a frivolous lawsuit. If a patient was left to die without proper care, that would not be a frivolous lawsuit.
  • The American Association for Justice dispels the myths about medical malpractice lawsuits. For more information visit the AAJ Web site.
  • There are more physicians and fewer lawsuits. The AAJ (formerly the American Trial Lawyers Association) reports that the number of physicians per 100,000 population has increased while the number of medical malpractice filings has decreased.

The fallacy of tort reform is that limiting the right to sue for grievous injuries and wrongful death will not lower the cost of health care. Errors and the actions needed to correct those errors, however, increase the cost of health care every day. Tort reformers, for some reason, do not want to hold doctors and hospitals accountable for malpractice and negligence.

The attorneys at the American Association for Justice and at our law firm are proud of the work we have done to make hospitals and doctors' offices safer. We welcome questions from concerned patients and families in Arizona and throughout the United States. Call the Patton Law Practice at 1-888-905-9208.

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