Georgia is one of a few states that has overturned damage caps (aka “tort reform”), declaring them “unconstitutional” and in violation of the right to a trial by jury, yet now victims are in jeopardy of losing those same rights. The latest assault on Georgia’s Constitutional Rights is Senate Bill 141 – the so-called Patient Injury Act. But, despite its name, the organization behind SB 141 is not a patient advocacy organization.
Leading the effort under SB141 which would lock the courtroom doors for Georgia patients injured as a result of medical malpractice is Senator Brandon Beach(R). Under the proposed bill, the current tort system in Georgia would be entirely scrapped and replaced with a no-blame, administrative compensation system. When a patient is harmed by a doctor, instead of a trial by jury of one’s own peers, injured patients would file a claim for review by a panel of medical experts (each panel consists of doctors, nurses, hospital administrators and other certified medical professionals); cases would be decided by healthcare providers sitting in judgment of their colleagues. If the injured patient is determined to be eligible for compensation, the Compensation Department will award damages based upon an approved fee schedule.
Supporters of this bill say it will benefit patients, taxpayers, and healthcare providers by eliminating defensive medicine and giving more injured patients’ access to justice and compensation for their injury. First of all, there is no such thing as “defensive medicine.” Doctors argue that they must fight daily with profit-driven insurance companies for permission to provide necessary treatment; how is it that excessive tests and procedures are being performed? Tests are either necessary to determine if there is a problem or they are not. If a test is performed that is not necessary isn’t that fraud? Overcharging patients? Doctors should always choose the best healthcare for their patients; that includes all necessary tests and procedures. Unnecessary testing does not prevent medical malpractice. Secondly, why do we need the Patient Injury Act to provide access to justice and compensation; isn’t that what our court system does?
Who do you want to decide your case – a jury of your peers or the peers of your wrongdoer? Medical malpractice lawsuits are not the reason for increased healthcare costs and medical malpractice victims will not benefit under the Patient Injury Act. The best way to reduce malpractice premiums will always be by reducing incidents of malpractice. And, the best way for a victim of medical negligence to seek justice is a trial by jury, with an impartial judge. Like tort reform, Senate Bill 141 will limit the awards victims can receive and it will reduce the amounts that the guilty should pay. Wouldn’t such a system encourage medical malpractice? If it is cheap enough to remain unsafe and to cover-up misconduct, why not do so? We need to stop this attempt to increase corporate profit at the expense of the injured and disabled in our society and the American taxpayer.
Georgia voters – don’t be fooled by this “no responsibility”, no access to justice proposal. Would you stand for a legal system in which lawyers sat in judgment of fellow lawyers sued for legal malpractice? Don’t victims of medical malpractice deserve the same rights to a jury of their peers as a victim of an auto accident, or a gas can explosion? Stop this bureaucracy; take a stand and shield this assault on your Constitutional rights. Find out where your local or state representative stands on this issue. Are they restricting your rights in support corporate profits? If so, kick them out of office!
Headline Image Source: flickr/Boston Public Library
