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“Caps” on Damages Ruin Health Care

Three new studies in the field of medical malpractice research have confirmed that “caps” lead to more medical errors, higher health care costs, and no increase in patient care physician numbers. The study analyzed states that enacted caps within the last ten years with data before and after the cap with states that had not enacted a cap. From this data, researchers discovered that states that had enacted caps had an increase in medical errors compared to control states, with patient safety generally decreasing. They inferred that this would lead to more medical malpractice cases. Secondly, they discovered that cap states had no impact on Medicare Part A (hospital) spending, but lead to 4-5% higher Medicare Part B (physician) spending. They attributed this to physicians practicing riskier medicine in “cap” states. Lastly, the authors note that cap states did not see a rise in physician supply. “We find no evidence that the adoption of damage caps increased physician supply in nine new-cap states, relative to twenty no-cap states.” Medical malpractice caps are not good for patients nor do they help attract more doctors.

If you or someone you know have been a victim of medical malpractice, contact the attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today by calling 713-396-3964 or toll free at 1-800-870-8584.

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