Aug 25, 2009 | 2 min read

Naples Medical Malpractice Case: A Point Against Liability Reform?

An ongoing, hotly contested, medical malpractice trial, in Naples, Florida underscores a point we have been making to the right wing tort reformers. At issue in the case is whether three Naples physicians, an internist, a neurologist, and a radiologist, failed to timely diagnose and properly treat a bacterial abscess on Sheila Matthews’ spine.

Again, this is an ongoing trial; Lawsuit Financial will not comment on the facts of the case or allegations emanating from both sides of the case. Hopefully, the jury will receive a full airing of the facts, receive instructions that will help them understand the law as it applies to the facts, and render a fair decision. Our purpose for writing is to point out another issue that graphically demonstrates the absurdity of tort reform. Here is a quote from the article in Naplesnews.com:

Matthews has Medicare and was a licensed practical nurse in Naples who hadn’t worked since 1992 due to a work injury that caused leg pain, reflex problems and numbness.

If she wins a large award, she will temporarily lose Medicare and have to pay the full price of medical bills until the money runs out and she again becomes eligible (emphasis added).

Most conservative Republicans support some type of liability reform. These same people also rail against entitlements and "handouts". Most oppose health care reform; most opposed the Medicare program when it was proposed by Democratic leadership in the 60’s; most support liability reform. As applied to this case, liability reform would mean that the taxpayers, in the form of Medicare, would be liable for payment of all of Sheila Matthews’ medical bills. If the doctors are proven to be negligent in this case (a big "if"), then private insurance and the doctors responsible for her current condition would be responsible for her medical care, at least to the extent of the jury’s monetary award.

Conservatives are always asking for measures that "get the government off our backs". But with liability reform, they are really asking the taxpayers to foot the bill for something that private liability insurance and negligent doctors should be paying for. Disingenuous, isn’t it? How much, in campaign contributions, do you think these conservative politicians have received from liability insurance companies?

So, conservatives, now you know the truth; taxpayers foot the bill instead of private insurance companies when liability reform limits jury verdicts. This is your basic pocketbook issue; whose pocketbook do you think should pay for Sheila’s care if the doctors are found negligent? Where do you stand?

Mark M. Bello

Experienced attorney, lawsuit funding expert, certified civil mediator, and award-winning author of the Zachary Blake Legal Thriller Series. The series features super-trial lawyer Zachary Blake handling "ripped from the headlines" legal and political issues of the day. The series currently consists of Betrayal of Faith, Betrayal of Justice, Betrayal in Blue, Betrayal in Black, and Betrayal High, with a sixth Zachary Blake novel due out later this year. To learn more about these topical social justice legal thrillers. please visit markmbello.com. Mark is a member of the State Bar of Michigan, a sustaining member of the Michigan Association for Justice, and a member of the American Association for Justice.