The Real Medical Malpractice Crisis is the Assault on Access to Justice

Ken Connor, a Washington, D.C. attorney and author, has penned one of the best short pieces I have seen, exposing the “medical malpractice crisis” fraud designed by big insurance and big medicine anti-justice forces. Attorney Connor aptly describes an injured person’s right to bring a medical malpractice suit if he believes he was harmed by medical negligence, as “a bedrock principle of our nation’s justice system.” Doctors are to be respected for their commitment to heal and to do no harm. Nevertheless, medicine has become far more of a business than was ever the case before medical malpractice cases became publicized. Most people born in the ‘40s or ‘50s can remember the family practitioner who seemed unpressured by a time clock and who made house calls. Such a doctor was rarely sued. If, by contrast, a surgeon earning a half million dollars or more a year, makes a negligent error caused perhaps because he performs too many surgeries in a week, no one should be surprised if a patient injured by his carelessness files a lawsuit. Even absent a mercenary aspect to a negligent medical error, all professionals must be held to comply with the reasonable standards of their profession. Excluding physicians from such time-honored accountability will not reduce the unacceptably high numbers of medical errors causing death or serious injury to patient.