Sample Letter - Bad Doctors

When 100 percent of cardiac surgeons who have practiced in our state for 10 years have been sued, there is a big problem with the lawsuit system. Every doctor cannot be a “bad apple.” In our litigious society, good doctors get sued every day.
According to State Volunteer Mutual Insurance Company, the company that insures most of the doctors in Tennessee, of all the doctors who have practiced more than 10 years in our state, 64 percent have faced legal action, 90 percent of OBGYNs, and 90 percent of orthopedists have been sued. And, an obstetrician can be sued as many as 19 years after they deliver a baby.
This refutes the concept that the liability insurance crisis in our state is about bad doctors. It is about a society that increasingly sees lawsuits as a way to quick cash, encouraged by a legal system that allows plaintiffs’ attorneys to keep one-third or more of awards. Often, less than half of the total awarded amount goes to the actual patient and their family.
One solution is limits on non-economic damages. This measure has proven to work in other states, like California, Colorado, Indiana and Louisiana. These caps are for NON-ECONOMIC DAMAGES only. Economic damages, such as medical costs and lost income (present and future), are still recoverable with no limit.

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Capping non-economic damages at a reasonable level still provides funds to pay injured patients fairly and eliminates the lottery mentality to medical liability lawsuits.
Average jury awards in Tennessee increased 83 percent – from $114,220 in 2000 to $209,284 in 2001 (the most recent statistics available). The total awards more than doubled from $42 million to $94 million with only 46 percent of the total paid out reaching patients.
Every year, more than 120,000 medical malpractice cases are filed nationally, and only six percent of all cases result in awards to plaintiffs. In fact, of the cases that do go on for trial, 80 percent are found in favor of defendant.
We have a lawsuit-happy culture in need of reform. Without reform, we risk losing all that is good with our medical system. Our legislature needs to be progressive and resolve this issue before it seriously affects our citizens’ access to health care as it has done is so many other states.