South Carolina Injury Attorneys
GOP-Proposed Med-Mal Reform Will Not Lower Costs

GOP-Proposed Med-Mal Reform Will Not Lower Costs

With President Barack Obama in his last weeks of his presidency and President-elect Donald J. Trump poised to take his place, Republicans are finally in position to fulfill their years-long pledge to repeal and replace the Affordable Care Act, or more commonly known as “ObamaCare.” While the exact plan to do so is still unclear, one change that is almost certain to be included is the implementation of a cap on medical malpractice damage awards. But does this strategy hold water, or will it end up doing more harm than good?

This idea is half-baked at best and is actually unconstitutional, as Congress does not possess the authority to alter or regulate local civil justice rules. Despite this, Republicans have stayed firm on their pledge to do so under the belief that damage caps will fight frivolous med-mal lawsuits, reduce health care costs, and generate savings – savings that will help fund tax credits for people who purchase independent insurance outside of the workplace. The argument is that doctors will be less fearful of lawsuits and will prompt more physicians to enter the market, increasing competition. While all this sounds good, more current evidence has suggested the contrary.

New Data Suggest Savings Would Be Slim – If Any

While 2009 data from the Congressional Budget Office estimated that med-mal reform would reduce insurance premiums by 10 percent and cut federal spending by up to $54 billion over the course of a decade, newer data has estimated that this figure is much smaller – maybe even zero.

In late 2015, three of the country’s top researchers spoke at the American Enterprise Institute, a conservative-leaning think tank, regarding distinct patterns of dispute resolution reform throughout the 1970s, ‘80s, and ‘90s. After extensive research involving data from more than 30 states, it was concluded that while caps may reduce litigation, they actually raise health care costs and have no real impact on the supply of physicians. Likewise, it was concluded that caps actually have an adverse effect by making it harder for patients to obtain justice, especially those who have lower-value claims.

While the outcome of these changes is still unknown, or even if they will come to pass at all, attorneys and injured patients must pay close attention in the coming months to ensure their rights are protected. For more information on this important issue, head over to

Aggressive Medical Malpractice Attorney in South Carolina

If you or a loved one has been injured at the hands of a negligent medical professional, it is imperative you retain the services of a powerful attorney as soon as possible to guard your interests and pursue maximum compensation while you still can. At Christian & Christian, our top-rated Greenville medical malpractice lawyers have more than 95 years of combined experience and can provide the strong support you need during your pursuit of justice.

Call (864) 408-8890 or contact our office online today to find out more about how we can help.


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