According to the Institute of Medicine, as many as 98,000 people die every year from preventable medical errors, the sixth leading cause of death in America.  The bill introduced by the US House of Representatives (H.R. 5) not only ignores patient safety, but also imposes severe, one-size-fits-all caps on damages that patients can seek when injured by medical negligence, defective drugs, medical devices, or abuse suffered in nursing homes, according to AAJ. It even extends this cap to health care providers that intentionally harm or kill patients, as well as insurance companies that refuse to pay just claims for medical bills.

“This bill is simply dangerous for patients. Eliminating legal accountability destroys any incentive to focus on the real problem – preventable medical errors and patient safety,” said AAJ President Gibson Vance in a press release.

The AAJ primer examines the latest research to counter many of the myths and distortions heard from those seeking to take away the legal rights of patients – such as the real costs of the medical negligence system, the frequency and validity of lawsuits, and the dangers patient may face if policies such as H.R. 5 are enacted.

“Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights” can be found at www.justice.org/medicalnegligence.

As the world’s largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others–even when it means taking on the most powerful corporations.

The primer points to a study conducted by Harvard University in 2006 that shows that most negligence claims involve medical error and serious injury, and concluded “portraits of a malpractice system that is stricken with frivolous litigation are overblown.” The researchers found that few claims were without merit, and those that were generally did not receive any money.

Most negligence claims were meritorious, with 97 percent of claims involving medical injury and 80 percent involving physical injuries resulting in major disability or death. Few claims where there was not error were ever paid. In fact, researchers found the reverse – non-payment of claims where error was involved – was a bigger problem

The primer also points to research that shows that patients actually file claims because they are seeking answers. Too often, patients injured by preventable medical errors are left in the dark about what happened to them, and litigation is sometimes the only way to uncover what transpired. A Kaiser Family Foundation survey found that 70 percent of patients who experience medical errors are not told by their doctors.

The most frequently echoed myth concerning medical negligence, according to the primer, is the notion that doctors are fleeing states and retiring early, creating physician shortages. Anecdotal accounts of doctors fleeing states in response to increased insurance premiums have proved to be either unrepresentative isolated events, or flat out false. In fact, data from the AMA shows that physician numbers have been increasing across the board for many years.

The total number of physicians in the U.S. rose to a record high in 2009, the most recent year for which data are available. There were 972,376 physicians in the U.S., nearly 18,000 more than the year before.  In 2009, the increase in physicians outpaced the increase in population once again. The number of physicians per 100,000 population is at an all-time high of 317. The increase of physician numbers compared to population growth has climbed steadily for decades.

“Any discussion of medical negligence that does not involve preventable medical errors ignores the fundamental problem,” concludes the AAJ primer. “Preventing medical errors will dramatically lower health care costs, reduce doctors’ insurance premiums, and protect the health and well-being of patients. The accountability promoted by the civil justice system is the engine of patient safety. No other mechanism or proposed alternative encourages accountability as effectively as the civil justice system.”

For more on medical safety issues, see the medical malpractice library of articles by Daytona Beach medical malpractice attorney

Florida state government now has a website available where you can compare mortality rates at hospitals to determine whether the hospital you are considering has a mortality rate that is, “higher than expected,” “lower than expected,” or “as expected.” You can determine mortality rates for specific types of conditions such as heart attacks, hip replacements, strokes, coronary artery bypass, craniotomy, gastrointestinal hemorrhage and abdominal aortic aneurysm repair.

The ratings take into account the acuity of the hospital’s patients. This makes it more likely that comparisons from one hospital to the other are valid. For instance, some hospitals might take care of more severely sick patients. Thus you would expect a higher mortality rate than in hospitals taking care of less acute patients. The state ratings take this into account.

As of the date of this writing for example, Halifax Health Medical Center in Daytona Beach was listed as having a mortality rate “higher than expected” for patients with pneumonia. Other hospitals in Volusia County all had mortality rates “as expected.” We cannot be certain that this higher mortality rate was a result of medical malpractice. The fact, however, that the mortality rate is higher than expected is something that should be taken into consideration when thinking about whether you want to be treated at Halifax.

For more information go to Florida Health Finder and the medical malpractice section of the Zimmet & Quarles website, zqlawyers.com.

Amazingly, sometimes doctors or physicians assistants in Daytona Beach, Ormond Beach, Deltona and other Volusia County cities misdiagnose your health condition because they do not recognize classic symptoms of heart attacks. Some symptoms of heart attacks are also symptoms of the flu, such as nausea, coughing, difficulty getting a deep breath and weakness. Many people having a heart attack do not have the classic symptom of severe chest pain. However because heart attacks are so life-threatening doctors’ procedures require that they check your complete condition to rule out the most dangerous conditions. If they do not they may be guilty of medical malpractice and you may be dead.

Doing a good job checking to see if you are having a heart attack includes, among other things, doing a complete clinical, physical examination, an electrocardiogram and blood testing. Blood testing is important because cardiac enzymes in the blood are a key part of diagnosing a heart attack.

Some doctors or other healthcare providers may not be thorough enough when you present with conditions that might also be symptoms of flu. Take responsibility and insist that the healthcare provider explain why they are not checking for a heart attack.

To make things worse, a New York Times article has reported that, “A recent New York state survey, for example, revealed that most cardiologists said that they sometimes did not operate on patients who might benefit from surgery because of their concerns about hurting their rankings on state-mandated physician scorecards.”

For more information about heart attack symptoms see the article in the Mayo Clinic website linked here.