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Malpractice Insurance Industry vs. Medical Malpractice Lawsuits

The malpractice insurance industry and medical societies have mounted nationwide campaigns to frighten the public by implying that if they file a medical malpractice lawsuit to assert their legitimate rights, the medical profession may disappear, and they will not be able to get medical care. And, it is true that several states’ laws concerning malpractice need revision. Some victims of the most flagrant medical malpractice receive little or nothing, while other people receive sizeable awards for questionable claims.

Malpractice Awards for Questionable Claims

An elderly New York woman was partially disabled by medical malpractice in a hospital ER. Her disability was not total, consisting mainly of difficulties in walking and digesting food. She was unemployed, so her financial losses were minimal. Yet, a jury awarded her several million dollars. In a Pennsylvania case, a woman claimed that a CT scan had destroyed her psychic powers. Even though the judge warned the jury that she had not offered proof of any malpractice, or that she had been harmed in any way, the jury gave her a sizeable award. At the other extreme, are cases in which injured patients, with bona fide claims and serious injuries, get nothing. But, exorbitant insurance costs and malpractice awards for questionable claims are the exception not the rule.

Malpractice Insurance Premiums are a Business Expense

Doctors pay their malpractice insurance premiums, whether they are sued or not. It is a business expense that doctors pay for the privilege of practicing medicine or dentistry, the same as the insurance that automobile companies carry to compensate people, who are injured or killed by design defects in their cars. Even in New York, where malpractice premiums are some of the highest in the country, they are a small percentage of the doctor’s income – a business expense, and it is 100% deductible.

The Rule Is: If you do not assert your rights, and many malpractice victims do not, the insurance company gets to keep the money that was set aside for your protection. The doctor does not receive a refund of his malpractice insurance premiums, if he is not sued.

Thousands of patients suffer, due to malpractice, and do not get the compensation they deserve. If you are a victim of malpractice, or your client is a victim of malpractice, contact JD.MD, Inc., today at 800-225-5363. We can provide you with an initial case evaluation or an expert’s opinion.

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