Free Consultations | Tap To Call Today: 1.888.625.6265

Medical Error Reform Combats Rising Health Care Costs

Medical error is a problem that no one wants to encounter. It can lead to pain and suffering on the part of the individual who receives erroneous care, along with being a very costly mess to untangle. The financial issues associated with medical error is commonly acknowledged to be one reason for rising health care costs in the US. According to a 2010 press release outlining a comprehensive analysis from Harvard School of Public Health, researchers found that medical liability costs totaled about 2.4% of annual health care spending in the United States, or $55.6 billion per year in 2008. Additionally, they found that the medical liability system’s annual price tag includes $45.6 billion in defensive medicine costs, $5.7 billion in malpractice claims payments, and more than $4 billion in administrative and other expenses.

While 2.4% of overall healthcare costs does not sound like much in the big picture, it has been enough to prompt 7 Massachusetts Hospitals to coalesce into a group willing to reform the system to combat this element of rising health care costs. According to a recent report, “A coalition of six healthcare organizations announced Wednesday the new “Disclosure, Apology, and Offer” process that will be piloted this year in seven hospitals, including Beth Israel Deaconess Hospital-Milton.”

This new plan to combat medical error and rising health care costs is banking on making apologies and offering settlements for errors in the hopes that it will reduce costly malpractice lawsuits and unnecessary tests. The process will increase the transparency of the medical system by requiring disclosure to patients when something goes wrong, along with requiring an investigation of what happened, a plan to prevent recurrence, and where appropriate, an apology and financial compensation in lieu of legal action.

The Roadmap to Reform press release presented their own statistics on the price of medical error to the overall health care system, stating that, “It’s estimated that between 10 and 15 percent of health care dollars spent in the United State go toward defensive medicine, a term for tests ordered less for medical need and more for a doctor’s legal protection.”

Medical malpractice attorneys in the area are keeping a close eye on the proposed reforms to ensure that they don’t infringe on a patient’s right to sue. So far the proposal requires some changes to state law, but does not bar a patient from suing. Instead, it calls for six months to pass after a disclosure for a suit to be filed.

It also includes an interesting clause which protects the hospitals from legal reprisal for any apologetic statement after a medical error occurs. The apology protection provision that would prevent a litigant from using a physician or doctor’s acknowledgment of error in a lawsuit.

Unfortunately, the medical system can break down. Doctors misdiagnose. Hospital bureaucrats delay treatment, leading to tragedy. Nurses accidentally administer the wrong dose of a medication or fail to screen for allergic reactions. The list of potential medical error scenarios is limitless. While this new reform in Massachusetts could combat rising health care costs and improve reporting of medical error, seeking an medical malpractice attorney can still be crucial to protecting your rights and help you achieve the maximum possible settlement or verdict for your case.


Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

You’ll want our experience on your side.
You’ll want your lawyers to be this good.

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience
Need Help
After Hours?

Paralegals Available
24 Hours A Day To
Speak With you

No Matter The Time, We’re Here To Help!
Click to Call Now