Response to President Obama's Medical Malpractice Speech
The American Association of Justice published the following in response to President Obama's Seech to the American Medical Association on June 15, 2009:
“It’s clear America’s health care system is in crisis. Over 40 million people are without health insurance and costs are skyrocketing. President Obama is right that health care reform is needed now and patient safety should be the top priority.
“Empirically-based practice guidelines, developed by independent experts, is an idea we can support, as long as it does not lower quality or standards of care. Instead, these guidelines should lead to greater patient safety.
“According to the Institute of Medicine, 98,000 people die every year because of medical errors. Eliminating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention. By taking away the rights of people to hold wrongdoers accountable, the quality of health care will suffer tremendously.
“However, the notion that ‘defensive medicine’ is leading to higher health care costs is not supported by empirical data or academic literature. Recent news reports, CBO and GAO analyses, and statements from administration officials have shown that physicians will over-test and over-treat purely for financial reasons, unrelated to liability concerns.
“Limiting the legal rights of injured patients will do nothing to lower health care costs or aid the uninsured. We will work over the coming weeks and months to educate members of Congress and the administration on how to best protect victims of medical negligence.”
