Too many tests are being performed out of fear of malpractice litigation
Too much money is devoted to cover malpractice premiums
Legislation must be passed to place caps on pain and suffering. The Informed Health Care Plancalls for caps that range between $250,000 and $450,000 with full reimbursement for true loses such as wages and future care. Such a system has succeeded in every state where it as been implemented.
Penalties for filing frivolous malpractice lawsuits must be made steeper. These penalties are not to exceed true court costs but must be fair. They should be split in reverse contingency fees. For example: if a lawyer, upon a win, was to take 30 percent of the proceeds, they would have to pay 70 percent of the penalty while the patient pays 30 percent.
The government will be the one to define “frivolous” litigation using the following criteria:
- The litigation had to be lost by a jury
- A medical peer review panel had to have found the provider was not at fault
- The panel would be selected from a pool outside the jurisdiction of the medical provider
- Its composition would be three medical defense experts, three plaintiff medical experts and one blindly selected from the same pools
- A legal peer review, similar to the medical review, must also all be conducted
- All witness testimony in cases is to be published on the Internet for scientific review and comment