Letter to the Editor, Wall Street Journal
Regarding the story on recent reductions in lawsuits (We Won’t See You in Court: The
Era of Lawsuits is Waning, July 24), we would like to clarify some facts about the
prevalence of medical lawsuit abuse and its impact on healthcare.
Nearly two-thirds of medical lawsuits filed are without merit and are thus dropped,
withdrawn or dismissed. For cases that move through the courts, healthcare providers
prevail 90% of the time. But it still costs an average of $42,000 to defend those claims
that result in no payment.
It should also be noted that most states that cap damages limit only non-economic
damages, which are purely subjective and immeasurable. The overwhelming majority of
states place no limit on compensation for economic losses like lost wages and medical
bills.
This means, for example, that in states like Texas with reasonable limits on noneconomic damages, all patients — including stay-at-home mothers and fathers — are
eligible for the full value of services they provide and future lost wages, and children are
eligible for lost lifetime earnings.
While the overall number of tort suits may have decreased, meritless medical liability
lawsuits still stand in the way of resolving claims of deserving patients.
Michael C Stinson
Chair, Health Coalition on Liability and Access
PIAA
Katie Orrico
Vice Chair, Health Coalition on Liability and Access
American Association of Neurological Surgeon
Read full letter here
