If we desire respect for the law, we must first make the law respectable. --Judge, Louis D. Brandeis
Medical Malpractice is referred to a category of Torts occurring when Doctors, Nurses or other Healthcare Providers fail to comport with the minimum standards and protocols of their professions.
Legally speaking, Medical Malpractice Limit Laws are based on premediated collusion between Big Corporations and their Political Allies. These laws are legislated for one purpose only: To deprive multitudes of innocent victims from their Just Deserts. These are the types of laws that Judge Brandeis, who served as an Associate Justice to the U.S. Supreme Court would call: non-respectable laws, which have no place in a civilized society.
Medical Malpractice has become a pandemic problem in hospitals and other healthcare facilities throughout the United States. Preventable Medical Malpractice is the cause of injury for over 1,000,000 (One Million) Americans, per year: about 255,000 (Two Hundred Fifty-Five Thousands) of such injuries (700 per day) are fatal. Thus, Medical Malpractice is the third-leading cause of death; behind heart disease and cancer. This is a tragic paradox, since, vulnerable patients enter medical facilities with the hope and trust to be cared for and nurtured back to life; rather than shipped off to morgues.
It is estimated that nearly every American will experience some form of medical malpractice in his or her lifetime. Here are some causes of medical malpractice:
The proponents of "Tort Reform" claim that “Medical Malpractice Limit Laws” will bring down the overall costs for everyone. This is an inaccurate and deceptive argument; and they know it.
The fact is that ignoring patients’ health and safety and restricting victims' fundamental legal rights will only make our dilapidated healthcare system more dangerous and prohibitively more expensive.
In the meantime, wrongdoers are let off the hook because patients can no longer hold them legally accountable. This is an abomination to the whole concept of Justice!
No wonder, according to studies, for every 8 medical malpractice victims, only one claim is filed. In other words, many victims of Medical Malpractice are, already, forced to live with their pain rather than face the ever cunning corporations and their Power-Lawyers for any potential gains.
Without accountability, the few incompetent Medical care providers will continue to do more wrong to more people, with impunity.
The Congressional Budget Office (CBO) has estimated the Total Healthcare Expenditure to be about $3.3 Trillion Dollars or $10,348 per person, per year. This staggering amount is a whopping 17.9 percent of the United States’ Gross Domestic Product (GDP).
American Healthcare System Costs are the highest amongst the industrialized nations. Yet American life expectancy is the lowest; and drug dependency is devastating.
According to the National Practitioner Data Bank (NPDB), the total payout amounts to the victims of Medical Malpractice is about $4 Billion Dollars per year. While, the Insurance Corporations Collect about $12 Billion Dollars in Medical Malpractice Premiums, annually. This leaves a gross profit of about $8 Billion Dollars for the Insurance Industry, every single year!
Moreover, studies show that most Medical Malpractice cases are caused by about 5% Incompetent and Unscrupulous Practitioners, who tarnish the reputation of our, otherwise, exemplary and caring physicians, nurses and other healthcare professionals. A more just system would prevent these incompetent people from entering our healthcare system; and hold them to account for their wrongdoings; rather than punishing their innocent victims.
Besides, $4 Billion Dollars of payout to victims, in proportion to $3.3 Trillion Dollars in healthcare expenditure, is akin to a falling droplet into a huge swamp!
Evidently, instead of fixing the problem, the corporate sponsored politicians legislate laws under the Pretext of Tort Reform, in order to punish the victims of Medical Malpractice.
The reason for this collective punishment is more sinister than it appears. This is a systematic and premediated effort designed to block the road to justice; social and healthcare progress, which are the ideals of our Constitutional Republic.
This is why, one of the visionary founders of this country, Thomas Jefferson said: “… corporations are more dangerous to our liberties than standing armies.”
Healthcare Providers and Pharmaceutical Industries have legal and ethical duties to prescribe and provide safe drugs and products to the stream of commerce. Unfortunately, due to their quest to be the first entrant to the marketplace, they shortcut the necessary safety tests. Instead they callously use their helpless and trusting patients as guinea pigs, with impunity.
A mother rushed her two-year-old boy, named Steven Olsen, to the hospital due to a fall, which caused a stick penetrating his sinus. The incompetent examining physician sent him home without a thorough assessment of his injuries; despite mother’s repeated request for a CAT scan. Had the doctor performed a proper examination, including a CAT scan, he could have seen the stick and the abscess in the child’s brain; and properly treated it, right away.
Unfortunately, delays in diagnoses and lack of prompt and proper treatment rendered the child blind and brain-damaged for life.
After careful examinations of the presented facts and relevant evidence, the jury found the treating physician liable, and awarded the child $7.1 million for a lifetime of pain and suffering. The presiding California Judge, mandated by California Medical Malpractice Limit Law, had to reduce the award to $250,000. This is just one of the many flagrant miscarriages of justice, designed to leave the Victims in agony and destitution. So that the wrongdoers roam free and Corporations, unjustly, realize more Profits!
In another more recent case, a Pennsylvania Man filed a Medical Malpractice Lawsuit against an incompetent and careless surgeon, who, wrongfully, removed his healthy Testicle; leaving the diseased and painful one intact.
The court awarded him $620,000 for his pain, suffering and humiliation. However, if a bill before Pennsylvania’s House of Representatives passes, the maximum recovery that such victims can collect for their pain and suffering--"non-economic" damages--would be $250,000.
In our quest for Universal Justice, we are not advocating for the return of the Golden Rule of “an eye for an eye”; although, it is not a bad idea in this case. All we are asking is that politicians and their corporate masters stop rationing justice.
After all, the whole concept of Tort Law is to make the victims of wrongdoers, “Whole Again”: and not become an insult to their injuries.
The disturbing truth is that a small group of myopic politicians and their corporate masters will continue to rob us and our children’s children from our constitutional rights! If we Fail to Stand for the Principles of Justice and Human Compassion, then we will have no one to blame but ourselves.
Here at Chosen Lawyers®, we believe in “Justice for All” and “Equality under Law”, regardless of arbitrary differences such as creed, color, race, gender, religion or national origin. In accord with this fundamental belief, we are ready, willing and able to help you defend your rights and obtain justice, no matter who’s the opposing party.
If you’ve been injured or a loved one has been killed by an incompetent medical provider or a dangerous drug, click on www.ChosenLawyers.com and consult with a Highly Capable, Credible and Compassionate Chosen Lawyer® right away. Your Consultation is FREE and CONFIDENTIAL. TOGETHER, we can do JUSTICE BETTER!
Paymon Barati-Darmian, Founder