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Medical Errors

Chicago Tribune, September 17, 2009

When I first read the Tribune's editorial "Doctors and Lawyers," I thought it was a paid advertisement for the anti-health care reform lobby. It contained the same unsubstantiated claims and the same talking points the anti-reformers have been hawking for years. This editorial is so rife with errors it's hard to know where to begin.

America needs health care reform. Implementing cost saving measures should be at the forefront of the debate; however, calls for limitations on medical malpractice claims are nothing more than a transparent attempt by the insurance industry to increase profits and pay for their shareholders and executives.

Studies from the Congressional Budget Office and Government Accountability Office conclude that medical malpractice costs account for less than 2 percent of overall health care spending. More recent reports from Public Citizen show this figure is actually as low as 0.6 percent. Limiting the legal rights of injured patients will not provide the true savings needed to overhaul America's health care system.

Limiting medical errors is key to reducing health care costs. Over 98,000 people die every year due to medical mistakes. The Tribune's fixation on the legal system ignores the larger issue, patient safety. If these errors are reduced, so will the number of injured patients seeking legal recourse.

Your paper claims lawsuit limitations will keep doctors from practicing "defensive medicine." As proof that such practices exist, the Tribune quotes an insurance-funded, anti-consumer "think tank," and accepts without a blink their unsupported assertions. These studies also conclude that claims of "defensive medicine" are doubtful at best. The reality is doctors run more tests because it benefits their patients.

Illinois' 2005 medical malpractice legislation had two parts: caps and insurance reform. Caps - not yet tested in the courts - have not brought down health care costs. Insurance reform has. This reform forced insurance carriers to provide greater transparency on rate setting and payouts. It has spurred competition by inducing more companies to enter the marketplace and offer reduced premiums to doctors.

It is unfortunate that the Chicago Tribune's editorial board thinks "reform" means limiting the legal rights of injured patients. A once great newspaper has abandoned its duty to provide independent reporting and now relies on biased reports, poor research, and blatant untruths to advance the agenda of special interests.

Peter J. Flowers
President
Illinois Trial Lawyers Association
St. Charles