Pundits, physicians and politicians are against those people who take help from the court of law in cases of poor quality medical treatment. The recent midterm elections have fuelled the campaigns for massive reforms. Proponents are highlighting the restrictions on malpractices in medical field so as to safeguard against constantly increasing medical costs and also not so good medical facilities.

The court of law can take order to compensate the individuals who are sufferers of medical malpractices. An individual can be affected in many ways from medical malpractices, which include any serious injury which makes the life of that individual no longer normal. The cases of medical malpractices aim to compensate the victims and to influence the medical providers so that they can follow the standards of medical science.

The overview of limiting the amount of compensation seems perfect, but beneath that there are huge costs.

Every citizen of Missouri can choose a jury of his friends which will weigh the merits and demerits of the medical malpractice case.  This right of a citizen is protected by constitution and powers the jury to give an estimate of the compensation amount. The constitution drafters believe that the right mentioned above is of utmost importance and they have guaranteed it as “inviolate”. This restriction makes sure that the right is safe from hostile legislation.

The right of a jury trial is also important to the founding fathers of United States. The founding father Alexander Hamilton had stated that if one cannot reach on a conclusion make sure that they are given a trial by jury.

The repetitive calls for reforms can push free government and liberty in jeopardy. It is an affair too costly when we think of modifying the freedom assigned by the constitution for people who people who are looking to make an economic gain from the cause. Even if we think of changing the constitution, reforms in medical malpractice are not the only thing to ponder upon. There are many frivolous lawsuits involving malpractices. According to a Harvard study, there are nearly 1500 malpractice claims, out of which 80 percent report of death or serious injury.

Contrary to popular belief, doctors are not leaving the medical practice. A report by American Medical Association, the rate of growth of doctors in U. S. is more than that of American population. Also, the people promoting reforms for medical malpractice say that Illinois is the main center of fleeing doctors. But this statement is completely false, as the number of physicians never declined.

Malpractice claims not only add to insurance premiums. According to a report by National Bureau of Economic Research, the increase in premium is not attributed by malpractice payment increase. Another study by American for Insurance Reforms highlights that no lawsuit or jury added to make the doctors’ astronomical; rather the contribution was more due to declining interest rates and changing economic cycle.

According to American Association of Justice, the average profit of ten biggest malpractice insurers was more than 99 % of Fortune 500 companies.

One thing is sure that malpractice reforms will not help in lowering the insurance rates, though all the reforms are passed with a false belief that they will lower the liability premiums.

At last, the solution is not in useless reforms, but the true solution will be a complete revamp of the insurance industry. An AMA report states the fact that the absence of any stiff competition in the sector of health insurance is the root cause of economic oppression of patients. AMA has requested the Department of justice to take aggressive steps to strictly enforce the antitrust laws.