GAO: Malpractice Lawsuits Don't Limit Access to Care

[Guest guest]

Doctors claim malpractice awards are driving them out of business and thus

limiting Americans' access to medical care. The General Accounting Office,

Congress' investigative arm, examined the claims and found they're just not so.

Despite limited cases of doctors limiting their practices in some areas, few

were found to have taken up careers as hod carriers or bus drivers.

http://www.consumeraffairs.com/news03/gao_malprac.html

 

 

August 29, 2003

A report from the General Accounting Office (GAO) inds that lawsuits accusing

doctors of medical malpractice do not appear to significantly limit access to

health care.

 

The finding by the GAO, Congress' investigative arm, flies in the face of cries

by the nation's doctors who say steep costs for medical malpractice insurance

are driving them out of business.

 

GAO examined the experiences in five states with reported malpractice-related

problems (Florida, Nevada, Pennsylvania, Mississippi, and West Virginia) and

four states without reported problems (California, Colorado, Minnesota, and

Montana) and analyzed growth in malpractice premiums and claims payments across

all states and the District of Columbia.

 

It said it found no evidence that lawsuits against doctors crimp access to

health care " on a widespread basis. " In an earlier report, the GAO found the

biggest contributor to steep medical malpractice rates is increased losses

incurred by insurers on medical malpractice claims paid out.

 

The American Medical Association claims there is a medical liability " crisis " in

about 18 states and doctors say they are being driven out of states with higher

malpractice premiums, especially in specialties like obstetrics and emergency

care.

 

But the GAO said that, although some physicians reported reducing certain

services they consider to be high risk in terms of potential litigation, such as

spinal surgeries and mammograms, GAO did not find access to these services

widely affected, based on a review of Medicare data and contacts with providers

that have reportedly been affected.

 

The AMA said it disputes the report's findings.

 

A move to limit pain and suffering awards in medical malpractice lawsuits on the

federal level, favored by President Bush and opposed by trial lawyers, died in

the Senate in July, although several states have enacted " tort reform " laws that

limit patient's rights to be compensated for pain and suffering and other

" noneconomic " damages.