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The American Medical Association has been hard pressed to find a Democrat who is willing to listen to doctors and their desire for immunity from malpractice suits, until now. In a recent private interview with the new chief of staff, the association has found that Obama may be willing to consider protecting doctors faced with malpractice cases. Obama has been considering restricting malpractice lawsuits as a part of health care reform, even though there is no evidence that significant cost savings can be had from limiting patient’s rights to sue for injuries caused by medical malpractice.
Although Obama faces losing some Democratic support with this move, it may also turn out to be an effective way to keep the interest of both doctors and Republicans. Obama has not approved a limit to malpractice jury compensation to victims, he has done previous work on trying to lessen the suits. Obama has mentioned that he may be willing to provide some liability protection to doctors who follow appropriate guidelines but experience a mishap with a patient. This position makes sense because courts normally do not hold hospitals and physicians liable unless they violate the standard of care. The supposed problem of too many medical negligence suits is not real, as cutting off consumers’ access to justice really does not affect medical expense, the cost of insurance premiums for doctor’s malpractice policies, or availability of care as shown by numerous studies.
About the Editors: Shapiro, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have extensive experience handling medical malpractice cases. Please take a few moments to review our medical malpractice case results. We serve every area of North Carolina, including the Outer Banks, Nags Head and the western mountains, as well as all the cities and counties in between. In South Carolina, we cover the state from Myrtle Beach and Charleston to Orangeburg, Columbia, Florence, Rock Hill, Darlington, Aiken, Anderson, Greenville and Spartanburg.
Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008 and we have been named one of the Best Injury Law Firms in North Carolina for personal injury law since 2010 by U.S. News & World Report. In addition, we have been listed in the National Million Dollar Advocates Forum since 2009 and our firm has the highest rating of AV from national lawyer ranking organization Martindale-Hubbell. That means we have a reputation for demonstrating preeminent legal skill.
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