Because of the skyrocketing costs of medical malpractice insurance and its affect on individual’s access to certain healthcare solutions, many experts have claimed that our nation is experiencing a wrongful death crisis. This isn’t the first, but the third time the United States went through a wrongful death crisis. Previously, such a crisis has prompted alterations in medical malpractice laws. Most of these laws are targeted at reducing medical malpractice insurance premiums, however, some of these changes are aimed at revising or replacing the tort system altogether.
The tort product is the civil legislation through 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 attorney harrisburg could be used. Damages awarded via a medical malpractice case may include both monetary and non-financial injuries. Economic damages consist of things like out-of-pocket healthcare expenses, lack of wages, and the like. Non-financial damages include things like pain, suffering, lack of consortium, disability, and so on.
Due to the fact that settlements in medical malpractice cases often reach upwards of six and 7 digit figures, wrongful death insurance companies have started to significantly increase the premiums medical professionals must pay for liability insurance coverage. The cause of greater insurance costs is a bit more complex than this, and all connect with the insurance industry itself independent of the legal element of wrongful death.
Regardless of the exact cause, the increase in insurance premiums is responsible for a medical malpractice crisis. Specifically in high-risk medical fields like obstetrics and emergency care, the medical malpractice crisis has forced some doctors to stop offering certain medical services since they’re either not able to afford insurance for these practices or do not wish to reveal themselves to a potential liability risk.
The recent medical malpractice crisis has prompted a nationwide discussion of wrongful death reform both in the insurance coverage industry and the tort system. Based on which argument from the fence you sit, tort reform can be seen as good, bad, or a little of both. Some reason that the tort system must 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 medical malpractice 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, plus much more.
The present medical malpractice catastrophe is shrouded in difficult controversy. What’s vital that you the sufferers of wrongful death is when the medical malpractice crisis has effects on 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.
