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Rising Malpractice Premiums Not the Fault of Trial Lawyers

For lawyers who handle malpractice cases causing brain damage, a study reported in today's New York Times (business section page C 1) is very useful to refute malpractice insurance companies and doctors who claim that malpractice law suits are the cause of rising premiums. In fact, Connecticut Attorney General Richard Blumenthal is quoted in the story as saying that the real culprits in the malpractice debate may be the insurance companies themselves.

The study to be released today by the Center for Justice and Democracy a New York group and endorsed by groups such as Public Citizen, is based upon a review of regulatory filings by insurers to state officials.  The review found that net claims paid by insurance companies for medical malpractice claims has remained relatively constant over the past 15 years, yet premiums have surged 120 percent.  The increase in premiums was 21 times the increase in claims payment according to the study.  You can read the full study by clicking here .

With the high cost of care for victims of brain injury and the enormous financial losses sustained by brain damaged individuals and their families, attempts to limit recoveries in malpractice actions has the most serious of implications for their future survival.  Proponents of malpractice reform should think twice about the merits of their argument in light of this new study and instead refocus their attention on insurance reform.  It is not the trial lawyer who is the real enemy but their own insurance carrier!

I have successfully handled many malpractice cases where brain damage resulted from poor medical care in the operating room including cases involving anesthesia malpractice, obstetrical malpractice and surgical malpractice. 



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