Lawsuits or Medical Errors: What’s The Real Problem

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Medical Malpractice Payments Fall       Many special interests want to close the courthouse doors to Georgia citizens who suffer terrible injuries or death because of the negligence of healthcare personnel.  The special interests complain about "frivolous lawsuits" and the alleged "crisis" of medical malpractice lawsuits.  When you peek behind the surface, however, the truth is that we are suffering from a problem with people being killed or injured by medical errors rather than a problem with lawsuits.  For example, as this article by Chelsey Ledue shows, the number of payments related to malpractice claims fell in 2009, and the amount paid is at its lowest level since 1992.

The Real Problem:  Failure to Protect Patients    In 1999, the Institute of Medicine found that 44,000-98,000 people die every year due to preventable medical errors!  In 2004, the problem was worse, and according to the report by Health Grades, medical errors would be ranked as the 6th leading cause of death in the United States.   And in 2009, it is estimated by the Hearst Newspapers that approximately 200,000 people would die due to medical errors and hospital infections!  These are frightening statistics that don’t  get the attention they deserve.  

    Please take a moment to review the report by Public Citizen that shows the real problem is too many Americans die needlessly from medical errors.  Thus, we should focus on keeping patients safe and holding hospitals and medical personnel accountable when they needlessly harm patients.  The right to trial by jury is essential to hold wrongdoers accountable.  We should not allow special interests groups to take away this right.   

Medical Malpractice Caps in Georgia: Taking Away the Power of Georgia’s Juries

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Georgia’s Legislature and Limits on Juries’ Power

     In 2005, the Georgia legislature placed "caps" on the amount of non-economic damages that an injured Georgia citizen could obtain from juries in medical malpractice cases.  In some cases, that limit was as low as $350,000.  This law had the effect of taking power away from jurors in Georgia and giving the power to the special interests that like nothing less than ordinary citizens getting a fair day in court at the hands of 12 jurors.  

Mrs. Nestlehutt’s Injuries and Her Challenge of the Caps

   Mrs. Betty Nestlehutt, age 71, worked in a real estate business with her husband, and she sought some help from a plastic surgeon, who recommended a facelift and a laser resurfacing.  These procedures being performed together posed the risk of imparing the blood supply to the face.  Nonetheless, the procedures were performed and Mrs. Nestlehutt suffered impaired blood supply to her face and was left with large gaping wounds on her face.  The video below shows the damages to Mrs. Nestlehutt.

   The video below shows these damages and illustrates why the legislature’s arbitrary "one-size-fits-all" approach is manifestly unfair to people like Mrs. Nestlehutt.

 

WE THE PEOPLE from Georgia Justice on Vimeo.