What are the general positions of some stakeholders on the issue of malpractice reform?

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pohnpei397 eNotes educator| Certified Educator

There are many stakeholders on the issue of medical malpractice.  Perhaps the most obvious of these stakeholders are medical practitioners.  Many doctors and other practitioners are strongly in favor of reforms that will limit such things as the damages that can be sought in such lawsuits.  They feel that the premiums they pay for malpractice insurance are terribly high and they argue that these premiums help to deter some people from becoming physicians.    A group that is generally allied with these medical practitioners is the insurance companies.  When a doctor loses a malpractice suit, it is generally the insurance company that ends up paying the damages.  Therefore, the insurance companies would like to see limits on damages and they would like to see it be harder to bring suits in the first place.

The group with the largest stake in opposing medical malpractice reform is trial lawyers.  The lawyers who bring malpractice suits often work on a contingency fee basis.  They benefit from the possibility of larger damages because such damages allow them to collect higher fees.  Therefore, they are generally opposed to the idea of limitations on malpractice suits.

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