The claim that caps on malpractice awards would control overall health care costs is simply rhetoric. No credible study has shown that to be the case.
Chicago, Illinois (PRWEB) February 11, 2011
A leading Illinois medical negligence lawyer says recent moves by Congress and President Barack Obama toward limiting the amount of compensation available to victims of medical malpractice would weaken the rights of the sick and injured.
“It is distressing that President Obama has indicated a willingness to join Republicans in siding with the rich and powerful against this country’s most weak and vulnerable,” said Patrick A. Salvi, managing equity partner of Salvi, Schostok & Pritchard P.C., a leading Illinois medical malpractice law firm with offices in Chicago and Waukegan. “We are against these measures, which essentially give doctors a pass, ensuring that no matter how negligent they may be it can only cost them a set amount.”
President Obama said in his State of the Union address last month that he was willing to work with Republicans on “medical malpractice reform to rein in frivolous lawsuits,” and the Republican-controlled House has since produced legislation to cap damage awards for injured patients.
Salvi said he and his firm also dispute a statement by the Illinois Civil Justice League that says caps on damages “would protect our health care providers from lawsuit abuse and lower the cost of health care for Illinois citizens.”
“The claim that caps on malpractice awards would control overall health care costs is simply rhetoric,” Salvi said. “No credible study has shown that to be the case. And the argument by others that doctors practice defensive medicine (ordering redundant or otherwise unnecessary tests or procedures) in the absence of caps impugns the integrity of this country’s medical establishment, which is actually an argument against capping malpractice awards.”
Salvi said medical malpractice tort reform should not include caps of any kind at the federal or state levels.
“Republicans typically call for less regulation, for the market to decide costs, but apparently they are quick to abandon their principles in favor of the wealthy healthcare industry,” Salvi said.
“Here in Illinois, the Supreme Court has ruled that caps on damages are unconstitutional,” Salvi said, referring to a February 2010 ruling in Lebron v. Gottlieb Memorial Hospital, “yet, it seems we should forego constitutional law in favor of the fiscal health of the medical establishment, too.”
According to Salvi, whose firm has recovered millions of dollars for victims of medical malpractice and negligence in Cook and Lake counties, doctors are not the ones who need protection. Instead, it’s the patients.
“If the government won’t stand up for its people, we at Salvi, Schostok & Pritchard certainly will,” he said.
About Salvi, Schostok & Pritchard P.C.
Salvi, Schostok & Pritchard P.C. is a leading Illinois medical malpractice law firm with offices in Chicago and Waukegan. The firm represents clients in matters involving emergency room errors, failure to diagnose, hospital negligence, physician error, birth injuries, surgical malpractice, anesthesia errors, organ puncture/perforation, post-operative and pre-operation malpractice and surgical complications. The firm’s success in medical negligence, personal injury and wrongful death cases features recovering more than $585 million on behalf of its clients, including more than 160 multi-million dollar verdicts or settlements. To learn more about Salvi, Schostok & Pritchard P.C., call (847) 249-1227 or use the firm’s online form.
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