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Malpractice News
Medical Malpractice Reform Legislation Fails In Senate
Senator Dole Says Vote Denies Women Access to Quality Healthcare
February 24th, 2004 - Washington, D.C. - Senator Elizabeth Dole voiced her strong support of the Healthy Mothers and Healthy Babies Access to Care Act, urging her Senate colleagues to send the bill to a vote. Unfortunately, Senate Democrats are filibustering the legislation and therefore blocking a final vote.
“North Carolina doctors are being hit hard, particularly our OB-GYNs who face constantly rising, astronomical premiums just to stay in business,” said Dole. “Many of our OB-GYNs have been forced to move or quit their practices, leaving women in our state with access to fewer and fewer physicians. This is unacceptable.”
Today Senator Dole spoke at a Senate press conference at the Capitol on the bill and was joined by Dr. John Schmitt, an OB-GYN who had to leave his practice in Raleigh after seeing his insurance premiums triple from $17,000 to $46,000 a year. Throughout her 2002 campaign, Senator Dole spoke about the need for medical liability reform and referred to Dr. Schmitt as one of many doctors forced to leave their North Carolina practices. Dr. Schmitt currently is on the medical school faculty at the University of Virginia.
The Healthy Mothers and Healthy Babies Access to Care Act (S.2061) ensures that patients receive full and unlimited compensation for economic damages. The bill reforms non-economic damages so that patients receive fair, but not excessive, compensation.
Sexual abuse is a form a medical malpractice
Sexual abuse of or sexual misconduct with a patient is also a serious issue. Six to ten percent of psychiatrists surveyed confessed to having engaged in sexual contact with a patient and in a longitudinal study.
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Definition:
Lawsuits related to medical treatment are triggered by a number of causes, including failure to select the correct treatment or to monitor or follow up on the patient's condition.
Tort Liability
Definition:
The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
Collateral source rule
Definition:
Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources.
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