Braunfotel & Frendel LLC
Schedule Your Free Consultation
PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options

Surgical complications not affected by tough malpractice laws

New York residents who are receiving medical care should be informed about the findings of a recent medical study. The report indicates that aggressively pursuing malpractice cases does not protect patients from surgical complications.

Advocates of medical malpractice legislation that makes it easier to file a lawsuit against doctors assert that the laws are necessary for better care. However, according to the study, the risk of litigation did not correlate with better medical outcomes. Instead, a malpractice environment tends to cause doctors to engage in defensive medicine in which excessive treatments and tests are ordered in the attempt to reduce malpractice risk.

The data examined for the study included state-based information regarding the average award size for malpractice suits, medical malpractice insurance premiums and the amount of claims for every 100 physicians per state as of 2010. Additional 2010 data included the probability of complications, death or repeat operations that occurred within 30 days of surgery for patients who were under the fee-for-service Medicare.

Also included in the study was data for 890,000 Medicare recipients who received care at approximately 3,200 hospitals in the country. Half of the patients whose data was examined were at least 74 years old.

The study results demonstrate that neither the threat of liability nor policy reforms to reduce liability encourage doctors to get better outcomes for their patients. According to a law and medicine professor not associated with the study, the reason researchers failed to find a consistent link between surgical difficulties and malpractice environment is that the associations are specific to particular medical fields or procedures.

A personal injury attorney should be consulted if an individual has been harmed by acts of medical malpractice such as surgical errors or a misdiagnosis. A lawyer may file a lawsuit to obtain a financial settlement for his or her client.

No Comments

Leave a comment
Comment Information
Tell Us How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Our Office Location
  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
    New City Law Office Map

Office Map