TORT REFORM AND MEDICINE

There has been a lot of heat coming out of Washington, DC over tort reform and the need to limit what victims of medical malpractice can recover if they prove their case in a court of law. Notice I wrote “heat” as there has been very little “light” in this discussion.

I especially like the discussion over doctors ordering unnecessary medical tests solely to protect themselves from being sued if it is later discovered that such a test may have correctly diagnosed the patient’s medical problem. The tort reformers label this “defensive medicine” and argue that it drives up the cost of medical care for everyone. I call it BS!

My law firm has sued doctors and hospitals for over 25 years in a state (Virginia) which goes out of its way to protect doctors in every way imaginable. In those 25 plus years, I have sued doctors for failing to correctly read (or read at all) the results of a test they ordered. I have sued doctors for ordering tests that were never run/conducted…the results of which would have diagnosed my client’s medical problems early enough to successfully treat them.

BUT I HAVE NEVER, IN OVER 25 YEARS, SUED A DOCTOR FOR FAILING TO ORDER A TEST…SO PLEASE EXPLAIN TO ME AGAIN HOW WE HAVE SUCH A BIG PROBLEM WITH DEFENSIVE MEDICINE DRIVING UP THE COSTS FOR MEDICAL CARE.

I’M WAITING TO HEAR FROM YOU………..

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.