Maryland Malpractice Lawyer. The Republican are trying to negotiate away patient's rights in the medical malpractice arena with health care as the bargaining chip. Health care is about making sure every American has access to low cost health care, not about limiting the rights of innocent patients harmed by medical negligence. As of this date, 48 states have passed some type of medical malpractice legislation. Interestingly, none of the legislation has had an effect on health care delivery, reduction in costs or helping innocent victims harmed by the negligence of health care providers. The Institute of medicine estimates that 98,000 people die each year in the United States from preventable health care errors. This is the 6th leading cause of death in America. Both the GAO and CBO question the prevalence of defensive medicine and have outlined how tampering with the legal system will like save little if any money. They have further indicated that some so-called defensive medicine may be motivated by profit more than liability concerns.