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The Snake Oil of Medical Malpractice Reform

Now that the results of medical malpractice "reform" can be objectively measured, it has become increasingly clear that the healthcare and insurance industries were peddling snake oil when it convinced 31 states in our country to place caps on damages for those harmed by medical malpractice. Studies measuring the impact of "reform" have demonstrated that reform has had no impact on healthcare costs or where doctors choose to practice. Three of the most recent studies discussed below further demonstrate that malpractice reform does not work and that it is time for the 31 states that have adopted caps on damages to repeal these laws. No Evidence that Doctors Flee States Without Tort Reform Re

29 Events that Should Never Occur

The Minnesota Department of Health requires Minnesota hospitals to report 29 different adverse events that should never occur in hospitals. These reportable events are not an exclusive list of all acts of medical malpractice in the hospital, but are events that are patently the result of malpractice and require reporting. These events include: Surgical Events: 1. Surgery on wrong body part 2. Surgery performed on wrong patient 3. Wrong surgery on the right patient 4. Leaving foreign object in patient after surgery 5. Death during or immediately after localized surgery that does not involve systemic disruption Product or Device Events: 6. Patient death or serious injury due to use of contamin

Is Minnesota's Expert Affidavit Requirement for Medical Malpractice Cases Constitutional?

In 1986, the Minnesota legislature enacted Minn. Stat. 145.682, a law that requires medical malpractice claimants to obtain expert support for a claim prior to commencing suit. This statute represented a departure from the general rule that any person harmed by the negligence of another could commence suit without first obtaining expert support. Because the statute gives preferential treatment to negligent healthcare providers and otherwise impedes a claimant's access to the court system, one has to ask whether the statute is constitutional. Under Article 12, Section 1 of the Minnesota Constitution, the legislature is prohibited from enacting special laws "where a general law can be made app

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Copyright @ 2014, William Maddix