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Trial Lawyer Expects Medical Malpractice Claims to Increase Under Obamacare

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posted on Jul, 13 2012 @ 07:36 PM
story from CNS News
July 13, 2012

Trial Lawyer Expects Medical Malpractice Claims to Increase Under Obamacare

A well known malpractice attorney, James A. Morris, Jr. of the Weitz & Luxenberg law firm is saying that with the expected massive increase in patient visits to doctors and hospitals will be opening a bigger door to lawsuits.

It seems some of this has been predicted because the medical provider businesses may not be prepared for the possible onslaught of "new business".

The coming tidal wave could very well produce much chaos and possible "under staffed" and "inexperienced" situations in areas with large populations that now have less "visits" by non-insured people.

( - A New York-based law firm predicts that Obamacare will increase the number of medical malpractice claims, as physicians are flooded with millions of previously uninsured patients.

James A. Morris, Jr., a plaintiffs' attorney with a mass-tort and personal-injury litigation law firm in New York, said he believes that many doctors and hospitals are ill-prepared for the increased caseload stemming from an estimated 20 million to 40 million uninsured Americans who soon will gain coverage.

"I think there's no question that medical errors will happen on a more frequent basis once the Affordable Care Act takes full effect in either 2014 or 2015 and those individuals and families who were previously uninsured sign up for coverage," said Morris in a news release "The more people you have accessing medical care, the greater the potential incidence of medical mistakes in which injuries or death occur," he added. .....[story continues]

The American Medical Association says different however.

posted on Jul, 13 2012 @ 07:49 PM
Lovely...this will have a cyclical affect where the older doctors, close to retirement, will simply give up and retire forcing more patients on fewer doctors which will likely cause poor treatment which will result in more lawsuits...yup, great stuff.

I wonder if the Trial Lawyers wrote the Obamacare bill? After all, Nancy & Co. didn't read it.

posted on Jul, 13 2012 @ 08:15 PM
Correct me if I am wrong but doesn't medical malpractice have to be proven in a court of law? If it's proven that means someone screwed up. So are you saying doctors are going to screw up more because more people have health care? This guy is a trial lawyer not the Amazing Kreskin. Please explain how he KNOWS this is going to happen. We have Doctors without borders setting up here in the USA to provide health care to people who have none or are under insured. DOCTORS WITHOUT BORDERS! They service third world countries. Is that what we are now a third world country?

posted on Jul, 13 2012 @ 08:25 PM
But many states already have caps on malpractice lawsuits. I thought that is what doctors wanted.

Between 1992 and 2003, the total amount of malpractice payouts rose from under $3 billion, to a whopping $4.8 billion. Since 2003, however, the total payout amount for malpractice cases has steadily declined. In 2011, it was about $3.7 billion, according to the report. This is likely due to the passage of malpractice payout caps in many states. In 2011, nearly 30 states had implemented such caps, according to the American Medical Association.

posted on Jul, 13 2012 @ 08:41 PM
I think it's wishful thinking for the trial attorneys. They honestly believe they are going to benefit from Obama, despite almost everyone else being hurt. Oh ye of little Faith...

How is Congress, if Obama isn't even here anymore, going to handle it if their favorite darling of all time, Centralized Health Care, is blown to pieces and destroyed by something like the little people filing lawsuits? It's all fun until someone threatens their personal and very critical program, then I think Tort reform will be something the law firms will wish they'd stopped at.

Until the Health Care system really comes to Government control, it'll be a bonanza, I'm sure. Just watch when it's Congress having to approve the lawsuit budgets on this though.. Yeah... I don't see a long and profitable future in Medical lawsuits. Perhaps other areas would be better..

posted on Jul, 13 2012 @ 10:21 PM
There most likely will be more malpractice claims. Here's the thing, there will be a bigger shortage of doctors because of older doctors retiring, less doctors going into the field because of the red tape with medical billing and mandated rates etc. When the "how ever many" of 83 percent of doctors that want to quit (according to a recent pole) do, it will leave an even bigger shortage of doctors. You can have all the insurance in the world and it won't help you. It's simple math. Even if there were no new patients because of Obamacare, there is already a shortage of doctors. And if there are more patients because of Obamacare, less doctors, it puts a large stress on the active doctors, opening the possibilities of making more mistakes therefore creating more malpractice claims.

But I don't believe that Obamacare will create all that many more patients receiving medical CARE, it just creates more insureds. See, one thing people are forgetting. Obamacare is supposed to provide medical "coverage" for 15-50 million people, take your pick on the figure you think is correct, through mandated medical insurance coverage. And it may or may not provide more insured patients, time will tell. However, the majority of those 15-50 million uninsured people were not necessarily going without medical CARE or treatment. They were/are paying out of pocket, going and not paying, going to low income clinics, going to the emergency room for non emergency care. Now I say the MAJORITY, not all. There are those going without medical care/treatment. I doubt it is even one million people - not that that's okay, just stating my estimate. And after Obamacare is in full effect, there will still be people paying as they go, going without paying, using low income clinics, going to emergency rooms for non emergency issues and going without medical treatment AND either with or without medical coverage. Just my opinion. I realize it sounds like I'm rambling but it's been one hell of a long Friday.
edit on 13-7-2012 by Gridrebel because: (no reason given)

posted on Jul, 14 2012 @ 03:26 AM
reply to post by xuenchen

I really don't see this changing medical services for the worse. Canada has had free health care for a long time, and the amount of malpractice is the same, and in some cases it's actually happened less as hospitals, doctors, and nurses have equal standards across the country.

I really don't understand the American view point and their health care. I personally think Dental, and medical services should be free to everyone, and of the highest standards. I would happily have my tax dollars going towards saving lives, and increasing the quality of the lives of the people with in my country than going towards bombs, bullets and military hardware that inevitably ends up ruining the lives of innocent civilians.

I would love to see education take the same route with in canada, and don't give me the quality BS. I believe the highest quality schooling, health and dental are fundamental human rights, not privileges.

I believe in saving lives, equal chances and opportunities for all, not the rich.

I don't believe any more malpractice suits will come of this. Dr's are Doctors, it's their job to save lives, if their in it for ridiculous salaries they are in the field for the wrong reasons. Dr's in canada are still paid very well, have the excellent benefits, pensions, and the system works. The US needs to understand, a community mindset.

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