Several subjects regarding healthcare and patient–doctor responsibility have come to light in the wake of the passage of the Affordable Health Care Act. One such necessary discussion that has been much less prominent has been the need to reform the framework for medical malpractice. According to a recent article in the Huffington Post, however, this is one of the most important debates the nation is not having.

One important tenant of the Affordable Care Act, or Obamacare, attempted to curb the cost of wasted money in the healthcare industry. The majority of this waste comes from three causes, reports the Huffington Post: defensive medicine, “caused by unnecessary tests and procedures done in part to help protect doctors from possible lawsuits;” a reimbursement system that rewards doctors for providing more instead of better care; and the cost of “a torrent of bureaucracy.” The article suggests that inefficient healthcare systems waste approximately one trillion dollars of taxpayer money every year. “Solving these problems,” reports the Huffington Post, “requires entirely new frameworks.”

One such initiative included in an early draft of the Act included “alternative systems of justice,” according to the Huffington Post, but this provision was tempered with the actual passage of the law. As it stands, patients can opt out of participating in these special types of health care courts at any time.  

In 2012 alone, according to the New York Daily News, medical malpractice suits costs New York City $134 million by August alone. According to a Connecticut State government legislative report, a total of 3,302 claims were reported in the state between 2008 and 2012, and just less than half (1,562) closed with an indemnity payment. The total cost for the state over the five-year reporting period was $861 million.

Special health care courts that are made mandatory could help to keep the cost of medical malpractice down for taxpayers, no matter in which state you live. Regardless, medical malpractice is a serious issue that requires the assistance of legal counsel. If you or someone you is considering a medical malpractice suit in Connecticut, contact the law offices of Richard H. Raphael for a free initial consultation today.