Cost of healthcare: Is it the fault of the ‘trial lawyers’ and frivolous malpractice lawsuits?

President Obama’s health care plan is in the news front page and center this summer. Everyone is talking about it and weighing in. The issues regarding the cost of health care have become very contentious and polarizing.

We just read an article in “The Clare County Review” by an attorney entitled The Lawyers Made me Do It!” This article is written by Richard S. Allen who is an attorney who does not represent clients with malpractice claims. In his article, Allen refutes claims that it is medical malpractice attorneys who drive up the cost of health care. Allen’s article has some excellent points and we hope you’ll read it too.

Allen writes that one of the slogans that keeps being tossed around is “frivolous lawsuits.” The argument goes, “If only lawyers didn’t file frivolous lawsuits, the cost of health care would go down.” Allen provides an example of a patient who loses his penis in a botched circumcision and the doctor that is being sued calling it a “frivolous lawsuit.” Maybe the doctor and his insurance company consider a lawsuit for a lost penis frivolous, but to the man who lost his penis, or a patient who had a wrong-site surgery or the patient who was administered a cleaning fluid instead of anesthesia, well, none of these patients or their attorneys feel that the lawsuit is frivolous.

Allen points out that the attorneys who defend doctors often have very deep pockets. Most times, the defendants lawyer is hired by an insurance company and the insurance company has “unlimited funds to hire expert witnesses.” He says, “Best of all, their client has ego tied up in the case and is smart enough to help in his defense, as are his co-workers. ”

On the other hand, the plaintiff’s attorney — the victim’s attorney — funds the case out of his or her own pocket by taking the case on a contingent fee basis. “You pay nothing unless we win the case for you” is common practice for medical malpractice attorneys. Often the plaintiff’s client is deceased and the attorney is representing a grief stricken family member. At The Farber Law Group, we represent clients who have suffered greatly and we find it a privilege and an honor to work for them and help them obtain compensation for the injury done to them or to a family member.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by medical malpractice and the families of those killed. We will work for you to insure that you receive the compensation that you deserve.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.