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June 06, 2009

NYPIRG: Government data contradict med mal claims

As legislation to revamp the nation's health care system moves forward, expect doctors, hospitals and big insurance companies to renew their efforts to make it harder to sue them when they make mistakes and to cap possible damage awards if a consumer actually wins justice. Yet, a new study by NYPIRG and the Center for Medical Consumers and endorsed by other leading groups questions the core claims these interests make. The new report, Contraindication, uses government data to show that consumer claims in medical malpractice lawsuits haven't caused the increase in medical malpractice insurance premiums nor driven doctors from the state, as doctor groups routinely allege. See the New York Times:

The New York Public Interest Research Group reviewed 15 years of federal data on medical malpractice payments and concluded that the amount of money paid for malpractice claims in New York has actually fallen in recent years, and that the number of overall claims has remained “remarkably stable.”
From Newsday:

Consumer advocates are urging state lawmakers to allow victims and families to sue within 30 months after a medical error is discovered, instead of 30 months after the error is made, saying it is a particular issue with cancer cases and pathology reports. Current law provides doctors an incentive to hide their mistakes from patients, said Blair Horner of the Public Interest Research Group.
Also, see the Associated Press. The government data used by NYPIRG come from the National Practitioner Data Bank (NPDB). The NPDB’s Public Use Data File is the only publicly-available, comprehensive malpractice database in the nation. That database was established by law and has helped improve transparency in the health care marketplace. Its passage was preceded by successful state efforts led by NYPIRG, MASSPIRG and other leading reform organizations.

Posted by Ed Mierzwinski at June 6, 2009 03:14 AM


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