The Poppe Law Firm Blog

Senator McCain Speaks Out Against Victims of Medical Negligence

Well, it seems that Senator McCain doesn't want to see negligent doctors and hospitals held responsible when they injure or kill people.  Speaking at the Surf and Golf Club in Myrtle Beach, McCain told a crowd of about 70 people that he was in favor of tort reform and would make it his second highest priority.  McCain went on to say that the victims of medical malpractice should be forced to pay the entire costs of litigation if they lose at trial. 
What the senator fails to realize is that their simply is not a litigation crisis, especially when it comes to medical malpractice.  A medical negligence case will cost the victim's attorney anywhere between $50,000 to 200,000 to get to trial.  Lawyers can't afford to file frivolous lawsuits against doctors because they are too expensive.  Plain and simple. 
Loser pays isn't fair to the victims.  It's hard enought to find an attorney to handle a medical negligence case, but implementing a "loser pays" system would make it nearly impossible.  I have seen several cases proceed to trial where there was negligence, but the doctor still won the case.  It happens a lot.  Juries are very critical of medical malpractice cases and, as a result, they often find in favor of the doctors--regardless of whether their truly was malpractice.
What's even more troubling is that McCain doesn't explain how his system would lower insurance rates for doctors.  Without some type of accountability from medical malpractice insurance companies, they will never lower rates.  This has been the case in most states that have instituted tort reform  Insurance premiums have remained high, even though the number of cases filed has dropped.  In fact, the largest medical malpractice insurers have profits double that of the average Fortune 500 Company
If McCain really wants to lower the insurance rates for doctors, they should start regulating insurance companies that provide the coverage.  Currently, they can charge whatever they want--and they do.  They simply blame it on frivolous lawsuits and lawyers.  Evidently McCain has been drinking the insurance lobby's Kool-Aid for too long.  Instead, he should read the May 11 issue of The New England Journal of Medicine's study finding that almost every medical malpractice lawsuit has merit and that caps will not reduce doctor's premiums
McCain should also go back and read the Congressional Budget Office's Report which found that medical malpractice litigation accounted for less than 2% of total health care costs.  Shame on you Senator McCain.  To read more about medical malpractice myths, click here.
Hans Poppe