I ran across an article on the www.7thamendmentadvocate.org. The author, Andrew Cochran, is a bright man who writes about the 7thamendment and the constitutionally guaranteed right to a trial by a jury of your peers—not a right to legislators blindly telling you how hurt you are.
Anyway, Mr. Cochran read an article published by The American College of Chest Physicians. This article featured a study written by two medical researchers who have debunked the medical malpractice beliefs that tort reformers have ingrained in the public. They have shown that the caps in Texas were an utter disaster and only served to increase health care premiums and decrease patients’ rights.
The article shows that there are 5 Myths of Medical Malpractice. They are as follows:
•1. Malpractice crises are caused by spikes in medical malpractice litigation (i.e., sudden rises in payouts and claim frequency)
•2. The tort system delivers “jackpot justice,”
•3. Physicians are one malpractice verdict away from bankruptcy
•4. Physicians move to states that adopt damages caps
•5. Tort reform will lower health-care spending dramatically
The authors found no evidence whatsoever that any of these myths are true. Simply put, they are lies that have been manufactured to dissuade patients from holding healthcare providers responsible for their mistakes. I can think of no other profession where a mistake that kills someone is protected by lawmakers. Does the trucker who kills someone on Interstate 70 only have to pay $350,000 regardless of who they killed? Is it ethical to place a blanket value on someone’s life without knowing who they are or what they represent? How can lawmakers decide the value of someone’s life without ever knowing a single thing about that person? Without knowing who they were or what they stood for?
Lest we forgot the other myth of defensive medicine. What lawmakers and tort reformers fail to mention is that defensive medicine is also a business decision. The more MRIs and CT scans a doctor can order, the more that hospital can collect for tests. It is simple economics. A hospital or provider needs return on any machine they purchase.
Every citizen in Missouri should be aware of this. Right now, a bill has been filed in the Missouri House of Representatives by Eric Burlison. This bill, HB 112, seeks to limit how much a killed person’s wife, husband, child, children, etc…, can recover from a hospital and negligent healthcare provider. It wants to cap that amount at $350,000 per killed person for noneconomic damages. I urge you to Google that bill and read the text. It is an attack on the value of human life. There is no denying that fact.
As citizens of Missouri, we pride ourselves on being the “Show-Me” State. If someone makes a claim, we want to see the truth that backs it up. I urge Mr. Burlison to share with the voting public the reasons and facts behind HB 112. I believe there will be no facts to back it up, only special interest groups.
See Missouri House Bill 112 and www.7thamendmentadvocate.org