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BY TARA GRIMES
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It’s a one-size fits all cap on medical malpractice expenses. In an attempt to cut down on Medicaid spending, New York Governor Andrew Cuomo wants to put a $250,000 limit on medical malpractice suits in the state -- and both sides are making their voices heard.
JOHN BOWER, PARENT OF SON WHO IS A VICTIM OF MALPRACTICE : “We’re going to sell out these little kids and these people that are victims of medical malpractice.”
JASON HELGERSON, STATE MEDICAID DIRECTOR: “Medical malpractice reform really is Medicaid reform. We as a program bear a significant cost because of the very very high cost of a providers to purchase insurance to cover them against the possibility of lawsuits.”
According to Cuomo, New York spends more than twice the national per capita average in Medicaid -- and the cap is aimed at cutting those costs.
According to a writer for New York Daily News, New York ranks among the most “lawsuit-happy” places in the nation -- and says malpractice costs are eating up more health costs than any other state. He praises Cuomo’s Medicaid Redesign Team for suggesting the cap.
“The cures proposed by his Medicaid Redesign Team may not be ideal. But they put the malpractice issue where it belongs: at the front and center of the coming debate over how to rein in the state's soaring health spending.”
Critics say the tort reform would allow medical personnel to be negligent without having to bear the consequences. A blogger for Injury Board says instead of putting a cap on malpractice suits, medical services should implement ways to prevent the lawsuits before they happen.
“What doesn’t work is putting an arbitrary cap on damages, essentially saying, ‘no mother’s (or father’s, or child’s) life is worth more than $250,000.’ The best way to reduce medical malpractice lawsuit costs is to reduce medical malpractice.”
New York State Bar Association President Stephen Younger says in the Times Union, the reform would limit patients’ rights.
“New Yorkers deserve access to our civil justice system, with judges and juries hearing cases and arriving at results they think are fair. Perfect, no, but there are checks and balances to ensure the system works fairly for all of us.”
Lower Hudson’s The Journal News reports, a typical doctor with a good record in that region usually pays about $200,000 a year for malpractice insurance. This cap on medical malpractice suits is part of 79 cost-cutting measures that total $2.3 billion.
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