No they're not. Why not question the greed of HMOs and health insurance companies? Don't forget stuff like people choosing to smoke tobacco over the years leading to a rise in health costs, or people who don't wear motorcycle helmets or seat belts and get in car accidents. Or the substandard conditions that lead to health complications, such as coal miners. Let us also not forget the growing obesity problem and the medical complications there from.
If it was not the negligence and mistakes doctors make there would be no lawsuits. You can't just sue your doctor because you feel like without subjecting yourself and your counsel to penalties under the rules of Civil Procedure. Furthermore most of the attorneys who handle medical malpractice cases only take cases they believe they can win because they do it on a contingency basis.
I have one potential client who was wronged by a doctor and it lead to months of needless suffering. The doctor who fixed the damage said the first doctor had to be an idiot for how badly he screwed up. So if I sue that doctor is it my fault health care costs go up, or is it the fault of the doctor who committed a grievous error?
Bottom line there are a lot of reasons why health care costs go up every year, and the medical malpractice aspect of it is at best a small portion of the reason.
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