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As a
general rule, in this blog we try and stay away from general political topics
for a number of reasons—not the least of which is that we do not view
this as an appropriate forum for espousing our political opinions (of which
many Tom and I, ourselves, do not necessarily agree upon). One political
topic, however, that does directly impact the way we work and the people we
represent, is tort reform.
Over the
next several months we will be writing in greater detail on the topic of tort
reform—especially as it relates to medical malpractice and health care. Our
analysis of the topic will include a look at it from both a national and local
perspective—including Kansas and Missouri.
The topic
is of immense interest to me not only because of the impact on the work of our
firm and the injured individuals we represent, but because there are so many
misconceptions and so much misinformation about the topic. And
ultimately, this will be the goal of our blog posts on this topics—to expose
the myths and misconceptions and set forth the facts (from sources spanning the
legal and political spectrum) so that individuals can have the facts
needed to make sound determinations on what to do with tort reform.
One of
the great misconceptions concerning tort reform as it relates to medical
malpractice and health care is the supposed devastating impact lawsuits have on
the cost of health care. This is certainly a misconception I had
been under for much of my formative years and for many of the years I spent in
practice representing health care providers in medical malpractice and other
health care negligence claims. The fact is, tort reform does not
have a significant impact on the cost of health care. A recent report from the Congressional
Budget Office (“CBO”) concludes that limitations on the
recovery available to victims of medical malpractice would reduce the cost of health
care by .5%—one half of one percent. The impact is
not significant—especially when one considers the other impacts
limitations have, which include the impact on the victims of medical
malpractice and how such limitations impact the quality of the health care we
receive. We will address these and many other facets of this topic
over the coming months.
-Ryan
