Because of the increasing costs of medical malpractice insurance and its affect on patient’s access to certain healthcare services, many experts have claimed that our nation is going through a medical malpractice crisis. This is not the first, but the third time the United States has gone via a medical malpractice crisis. Previously, this type of crisis has prompted changes in wrongful death laws. Most of these laws are aimed at reducing medical malpractice insurance costs, however, some of these changes are aimed at revising or replacing the tort system altogether.
The tort system is the civil legal system by which a victim of wrongful death (and/or their own families) can file a lawsuit from the negligent medical professional to find compensation for injuries. In these cases an auto accident lawyer harrisburg could be used. Damages awarded via a wrongful death case may include both monetary and non-financial damages. Economic damages consist of things like out-of-pocket healthcare expenses, loss of wages, and so on. Non-financial injuries can consist of pain, suffering, loss of consortium, disability, and the like.
Because of the fact that pay outs in wrongful death cases often reach up to six and seven digit figures, wrongful death insurance companies have begun to significantly boost the premiums doctors must pay for liability insurance coverage. The cause of increased insurance costs might be more complex than this, and all connect with the insurance coverage industry itself independent of the legal element of wrongful death.
Whatever the exact cause, the rise in insurance premiums has caused a wrongful death crisis. Particularly in high-risk medical fields like obstetrics and emergency care, the medical malpractice crisis has forced some doctors to prevent offering certain medical services because they are either unable to afford insurance for these practices or do not wish to reveal themselves to some potential liability risk.
The current medical malpractice crisis has prompted a nationwide discussion of wrongful death reform both in the insurance industry and also the tort system. Depending on which side of the fence you sit, tort reform can be seen as good, bad, or perhaps a little of both. Some argue that the tort system needs to be replaced with a no-fault approach to compensation. Others argue that the tort system functions well and it is necessary to protect the rights of seriously injured and aggrieved wrongful death victims. Still others desire to see major changes in both the legal system and also the insurance industry, for example limitations on settlement awards, routine transaction options, tighter rules about the insurance industry, and much more.
The present medical malpractice crisis is shrouded in difficult controversy. What’s vital that you the sufferers of wrongful death is when the medical malpractice crisis is affecting their legal rights and options.
If you would like to explore the present medical malpractice crisis in order to find out more about your legal rights and options, please contact us to talk with a professional and experienced wrongful death attorney who can assist you to.
