The Truth About Medical Malpractice

The Truth About Medical Malpractice

The lawyers and staff at Panter, Panter & Sampedro, P.A. feel we must set the record straight by educating everyone on the truth about medical malpractice and rising insurance rates.Rising insurance rates are a result of insurance companies losing money in a declining stock market and significant medical errors, not high jury awards. We believe the real solution is that doctors and hospitals need to focus on patients’ safety and improve quality of care.Medical errors kill between 44,000 and 98,000 Americans every year. More people die from medical malpractice than automobile accidents, breast cancer, and AIDS. A Harvard study found that one out of every 200 people admitted to a hospital died because of a medical mistake. One in eight patients suffer serious negligent injuries and one in 25 total patients with negligent injuries never receive compensation.

Restrictions on victims’ rights will not lower insurance premiums. The research on the impact of tort restrictions have shown that there is no correlation between tort restriction and medical malpractice premiums. California has the most restrictive malpractice caps in the country and they saw malpractice premiums rise by 37% between 1988 and 1998. During the same period, Florida malpractice premiums went down by 17%.

One of the solutions is that safe doctors should not be forced to pay as much in premiums as those who have had numerous claims against them. It makes no sense for all doctors to be paying the same rates, especially the ones who have never had a claim. A rating system should be applied such like the one that exists in the automobile insurance industry rewarding safe drivers by requiring them to pay less in premiums than bad drivers.

As a law firm that cares about patients’ safety and quality of care, we urge you to participate in the legislative process and pay close attention to what your elected officials are doing in Tallahassee. Request that your elected officials focus on legislation that will result in better quality of care and better patients’ safety rather than taking away the fundamental rights of victims of medical negligence.

If you are interested in this article or have any further questions, feel free to contact Brett Panter at Panter, Panter & Sampedro, P.A. Brett Panter is a partner in the firm of Panter, Panter & Sampedro, P.A., and is a Board Certified Civil Trial Attorney. The offices of Panter , Panter & Sampedro, P.A., are located in Pinecrest at 6950 North Kendall Drive at the Painter Building, on the corner of Kendall and U.S. 1. Brett A. Panter can be reached for questions or comments at 305-662-6178; Email at; or at the firm website