According to the records of the National Practitioner Data Bank (NPDB) for 2001-2002, medical malpractice payouts decreased by 8.2 percent; with total damages paid to victims declining by 6.9 percent, from $4.5 billion in 2001 to $4.2 billion in 2002, and with the actual number of claims paid decreasing from 16,669 to 15,304 during the same period. Those awards averaged between $25,000.00 and $30,000.00 per claim paid; with awards of over $1 million or more also decreasing by 11.5 percent, from 454 claims in 2001 to 402 claims in 2002.

NPDB records also show that just 5.2 percent of doctors with two or more paid malpractice claims were responsible for 55 percent of all medical malpractice payouts between 1990 and 2002; with only 1.1 percent of all doctors with three or more paid claims accounting for 30 percent of all malpractice payouts. Still, only 10.7 percent of all doctors with three or more malpractice payouts have ever been disciplined and only 16.9 percent of doctors with five or more medical malpractice payouts ever having been disciplined.

While all the lawyer bashing by doctors, hospitals, and their insurers over lawsuit abuse is mostly unjustified, (as shown by the data given above), recent medical malpractice insurance rates increases are, in fact, due more to their insurers’ Wall Street investment losses then to frivolous lawsuits and runaway juries, and it has been shown time and again that damage caps don’t necessarily equate to lower insurance premiums.

Nonetheless, those lobbying groups have done a good job in convincing the American public and even Congress that lawsuit reform in desperately needed. At the moment the U.S. Senate is considering a bill to limit non-economic damages in malpractice cases to only $250,000.00. Such caps are strongly supported by President Bush and Haley Barbour, our Republican Governorship of Mississippi. If a doctor or hospital killed your child or other family member would that amount justly compensate you for that loss, no matter how egregious the malpractice involved might have been? We think not. Just remember the next time you are asked to vote for tort reform, such laws take away one of our most fundamental basic rights -- the right of trial by jury.

While most medical malpractice attorneys can tell you there are probably 100 medical mistakes that injure patients for every medical mistake that actually rises to the level of medical malpractice, (and recent tort reform laws passed in Mississippi and other states make medical malpractice cases even more difficult), every person (or his/her heirs) deserve to have their specific medical mistake reviewed by competent attorneys who can properly evaluate and pursue such claims, if justified.

Health Care and Nursing Home Abuse

According to a recent federal report from the General Accounting Office (GAO), about 20 percent of the nation’s 17,000 nursing homes have been cited for violations that put their elderly and sick residents at great risk for physical injury or even death.

In Mississippi those figures are even worse. U. S. Representative Bennie G. Thompson released a Congressional Report on the conditions of nursing homes in his Second District. That report was based on analysis of state inspections conducted at nursing homes in his District between August, 2001 and October, 2002 and on investigations of specific nursing home complaints during that same period. It covered 43 nursing homes in his area serving more than 3,000 residents. 39 of the 43, (or 91 percent), were found to be in violation of federal law. 13 (about 1/3) had violations that actually caused harm to a resident or placed them at risk of death or serious injury, including such violations as; failing to provide adequate medical care; failing to protect from falls; failing to protect residents from sexual abuse by staff; and failure to properly treat pressure sores (Decubitus ulcers) .

With all that said, you should know that the powerful nursing home industry and its lobby is working around the clock nationwide for damage caps in all nursing home claims. Not only do they want non-economic damage awards caped, but also, we are seeing attempts to raise the bar on punitive damages awards; restrictions on the use of nursing home inspection records or other evidence potentially detrimental to the nursing homes.

If your family member is injured or killed by a nursing home’s negligence, would you want your right to sue for just compensation limited? Remember the next time you are asked to vote for tort reform, such laws take away one of our most fundamental basic rights -- the right of trial by jury.

If you, a loved one, or someone you know has suffered serious injury or a sudden death, while under the care of a suspect facility, please fill out and submit our online form. You may then also call us toll free or e-mail us for a personal consultation and evaluation of your case (see Contacts):