New Study Proves Tort Reform Does Not Reduce Health Care Costs

Imagine a family member suffers severe injuries or death as a result of medical negligence, and then you find out that your state has a law which limits the amount of damages that you can legally recover? More than one-half of states have “tort reform” measures which put a limit on the compensation sought by victims of medical negligence. The rationale: limiting victims’ right to recover damages will reduce health care costs for the rest of us. However, numerous studies have debunked the usefulness of “caps on damages”.

Tort reform is one of the most debated and publicized issues, as it relates to the rising costs of medical malpractice. Most recently, a study led by Michael B. Rothberg of the Cleveland Clinic found that tort reform does not reduce health care costs in any meaningful way. Dr. Rothberg’s study measured how much doctors practice allegedly “defensive medicine” (i.e. the overuse of tests and procedures because of fear of malpractice litigation.) The results of the study proved that defensive medicine is virtually non-existent and does not reduce health care costs for the public.

Who then is benefitting from tort reform laws? The answer: big insurance companies. Why? Because it’s a means for them to make a profit. By charging doctors and hospitals insurance premiums, and then limiting the maximum amount they can be forced to pay out, insurers can pocket the difference.

Dr. Rothberg’s study is yet another example of the many findings through the years that confirm there is no valid reason for laws which arbitrarily limit your right to recover damages following medical negligence. In Rhode Island, there are no such caps on medical damages. I, along with my fellow attorneys at Providence-based Decof, Decof & Barry (, believe that Dr. Rothberg’s study proves once again that Rhode Island law is appropriate.

Video Profile

Decof, Decof & Barry

Schedule a Free Consultation

We work for clients on a contingency fee arrangement, which means you pay no legal fee or costs unless we obtain a verdict or settlement for you.

Firm News and Events
Decof, Decof & Barry Recognized among Best Law Firms by U.S. News – Best Lawyers®
Read More
Attorneys of Rhode Island Law Firm Decof, Decof & Barry Named Super Lawyers & Rising Stars
Read More
Michael P. Quinn, Jr. Wins Record Verdict in Medical Malpractice Case in Rhode Island
Read More
From our Blog
Is Sorry Enough? Apology Laws and Medical Errors

February 20, 2018

The “Just Say We’re Sorry” movement gaining popularity in the medical field is a poor response to the epidemic of medical errors that plagues our country. Many states have enacted “Apology Laws” that allow doctors and hospitals to corral a victim and their family, explain why and how they caused a life-changing injury during treatment,…

Read More

Can You Sue the VA For Medical Malpractice? Here’s What You Need to Know

February 6, 2018

Every patient has a right to safe and competent medical treatment. Unfortunately, this does not always happen and medical errors have become far too common. A recent series of articles published by USA Today points out that many patients treated in Veterans Administration hospitals and clinics are not receiving the timely and competent care they…

Read More

Eating Out: What You Need to Know About Restaurant Safety

January 23, 2018

We all enjoy a great night out at a high-end restaurant, grabbing a few beers at the bar while watching the game, or a brunch on the weekends at the neighborhood joint. We never want anything to ruin our experiences when we go out. But sometimes bad things happen and injuries can occur. Here are…

Read More

Contact form