Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They proposed a radical new system to the General Assembly, which would largely eliminate court cases for medical malpractice. A medical malpractice review board would replace the court system as the forum for such actions.
Doctors argue that medical malpractice suits remain rampant in the state. They contend that 82% of doctors practice what they call defensive medicine. This means that they often order unnecessary tests just to protect themselves against the possibility of legal action by their patients. The group also alleges that these unnecessary medical tests cost $14 billion every year.
Patients have a legitimate interest in preserving the right to sue for medical malpractice through the court system. Patients need to know that if something goes wrong when a doctor treats them, they can obtain the compensation they need in order to continue to lead their lives as they did prior to the medical malpractice.
Likely a middle ground will need to be reached that balances the threat of “jackpot” medical malpractice suits against reasonable caps or review of awards. Preserving Georgians’ right to sue, however, means that they will feel more comfortable going to the doctor, knowing that they are protected in the event of a medical error.
If you believe that you suffered an injury as a result of a doctor’s mistake, you can still file suit. You can recover damages for the injuries you sustained while under your doctor’s care. However, it is important to get a qualified personal injury attorney who can help you navigate the maze of litigation. As for the doctors' proposal, it sounds nice in theory. In practice, it provides doctors too much protection while shortchanging patients who could suffer serious injury in the future.