Want more evidence that "lawsuit abuse", "frivolous lawsuits", and these "Citizens Against Lawsuit Abuse" groups are shams perpetrated on the public by the U.S. Chamber of Commerce, Big Insurance, Big Tobacco, Big Pharma, and the medical community? Not self-serving propaganda, but facts? Well, here you go!
For those of you not interested in exploring the link, here are the highlights: Public Citizen, a non-profit, pro-citizens group that serves as "the people’s voice in the nation’s capital" has researched the issue of malpractice payments made in lawsuits over the past seven years. Their conclusion?
For the seventh straight year, the number of medical malpractice payments made on behalf of doctors fell, hitting the lowest point on record…
Now, understand, folks. Public Citizen has no skin in the litigation game. Its only goal, since its founding in 1971 is to:
ensure that all citizens are represented in the halls of power.
This organization lobbies/champions for citizen rights and interests, period. It does so in Congress and in the courts. Is it anti-business? Well, sometimes, but only in the context of challenging corporate wrongdoers when they deliberately lie, cheat or steal from our citizens (which, unfortunately, is pretty often). "Lawsuit Abuse", "Tort Reform" "Frivolous Lawsuits" and other phony arguments for restricting citizen access to our civil justice system are examples of the extent (at citizen expense) corporate America will go for addtional profits.
Public Citizen has five, distinct, policy groups: Its "Congress Watch Division", "Energy Program", "Global Trade Watch", "Health Research Group" and, finally, its Litigation Group. You can Learn more about them here.
Public Citizen does not get involved in political campaigns or endorse candidates for office. It simply represents the public, you know, "we, the people". Considering that every "Citizens Against Lawsuit Abuse" group that springs up is a pro-business front, with the national or local Chambers of Commerce behind it, it is refreshing to see some honest, pro-citizen reporting, for a change.
Here’s more of what Public Citizen had to say about the so-called "lawsuit crisis" as it relates to medical malpractice claims:
1. That malpractice payments in lawsuits are at their lowest since 1990, when adjusted for inflation.
2. That lawmakers trying to push a national tort reform (an attempt to restrict the ability of people harmed by others-including doctors and hospitals-to go to court for compensation) agenda (H.R. 5) are pushing it based on a bogus premise. David Arkush, Director of Public Citizen’s Congress Watch Division had this to say:
“The premise on which this bill is based is bogus. Health care costs have nothing to do with what’s going on in the courtroom. Lawmakers are using it an excuse to throw a bone to their campaign contributors in the health care industry, who don’t want patients to have legal recourse if they are harmed by malpractice.”
Surprise, surprise! Business is using millions in campaign contributions to influence politicians to stick it to injured and disabled people so that corporate America can make more money. And this isn’t a finding by trial lawyers, folks; this is a finding by a non-profit, non-political, citizen advocacy group!
Here’s what else Public Citizen found:
3. Between 2000-2010, health care costs rose 90% while malpractice payouts fell 12%
4. Malpractice payouts in 2010 were just a tad over one-tenth of one percent of national health care costs.
5. The total cost of medical malpractice litigation was four tenths of one percent, its lowest level since 1990.
Public Citizen also found that the decline of litigation incidents was not accompanied by a reduction in medical errors. In other words, serious errors are being made that are not being pursued in litigation. It seems to me that this statistic is alarming; all of us are less safe in the operating room. Taylor Lincoln, the Research Director for Public Citizen’s Congress Watch Division sums it up:
There is a crisis in medical malpractice, not lawsuits. Trying to stop people from being compensated for catastrophic injuries is not the answer. We should instead concentrate on making hospitals safer and disciplining doctors who repeatedly commit malpractice.”
Couldn’t have said it better myself.
Mark M. Bello is the owner and founder of Lawsuit Financial Corporation where he is instrumental in providing legal finance cash flow solutions and consulting when necessity of life lawsuit funding is needed during litigation. Mr. Bello has thirty-four years experience as a trial lawyer and 13 years as an underwriter and situational analyst in the litigation funding industry. Mr. Bello is a sustaining and Justice Pac member of the Michigan Trial Lawyers Association, Justice Pac member of the American Association for Justice, Member of the American and Michigan Bar Associations, Member of the Public Justice Foundation, out-of-state member of the Mississippi Association for Justice and a business associate of the Florida Justice Association, Tennessee Association for Justice, Central Ohio Association for Justice and the Consumer Attorneys of California. He is also a proud member of the InjuryBoard.