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Fog/Mist ~ River stage: 33.56 Rising Saturday, November 21, 2009 |
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Tort Reform: A Must for Comprehensive Healthcare Reform
Posted Monday, October 26, 2009, at 11:23 AMRead comments | Respond | Email link | Next >>
"We're going to eliminate waste, fraud and abuse."
More likely than not, you've probably heard this statement a few times from politicians. It seems to be a popular line. True, the U.S. healthcare system does have waste, fraud and abuse. Jim Frogue at the Center for Health Transformation has put together a book on this topic titled, "Stop Paying the Crooks." I'll be the first one to agree that we should take this topic seriously. Every state Attorney General must be vigilant and ready to act on this issue. However, in addition to the crooks contributing to the rising healthcare costs, a good portion of the waste in health care is due to our current legal system. Recently I read T.R. Reid's book, "The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care." While in Germany, Reid asked a primary care physician about the country's malpractice insurance premiums. The physician said she paid $1,400 annually for malpractice insurance. She also noted that in her career (which spanned 24 years) she had not been sued. Reid goes on to note that physicians practicing in the U.S. might pay $1,400 weekly for malpractice insurance. While I have issues with other aspects of the German healthcare system, this seems to be one area where they are getting it right. The legal climate not only affects doctors and where they choose to practice medicine but it also affects the cost of care for patients. On a national scale, PricewaterhouseCoopers estimates there is currently $1.2 trillion in wasteful health care spending in the U.S. They further note that of this figure, $210 billion of these wasted dollars are spent through defensive medicine. In fear of law suits, doctors are ordering more tests than necessary--further driving up the cost of health care for everyone. In Missouri, former Governor Matt Blunt addressed tort reform. Before action was taken, many physicians did not want to come to Missouri. Those in Missouri faced astronomical increases in malpractice premiums. Governor Blunt put a limit of $350,000 on pain and suffering awards and put a stop to many frivolous law suits. Governor Blunt stated in a Wall Street Journal editorial, "Missouri's medical malpractice claims are now at a 30-year low." As Congress is trying to reconstruct our health care system--1/6th of our economy--I sincerely hope tort reform will be taken seriously and we can truly eliminate waste, fraud and abuse. Comments Showing comments in chronological order [Show most recent comments first] |
A Look at State and National Policy ![]() - Archives - Blog RSS feed - Comments RSS feed - Login Lucas Presson is an MBA student in the Harrison College of Business at Southeast Missouri State University. He holds a Bachelor of Arts degree (Cum Laude and Academic Distinction) from the university. Presson is also a health policy research assistant in the College of Business.
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Boehnercare: A More Affordable Option for Real Healthcare Reform
Tort Reform: A Must for Comprehensive Healthcare Reform
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Medical tort reform is a waste of time and effort until many other aspects of healthcare are reformed. Statistically those massive malpractice premiums and additional testing only accounts for less than 1%-2% of overall health care spending. The same physician that you claim might be paying $1,400 a week for malpractice will be billing out $250,000-300,000 a week. The legal costs are tiny relate the enormous overall expense of health care.
One other thing to keep in mind is that the vast majority of medical malpractice lawsuits are not frivolous. Here is a link to a study published in the New England Journal of Medicine in late 2006 that attempts to determine how many malpractice suits were with or without merit http://www.rwjf.org/pr/synthesis/reports... So you should further chop down your numbers if you are only interesting in eliminating that minority of frivolous cases.
As for Missouri's malpractice reform how much money did that save the average Missourian in total? Our insurance rates have increased roughly the same as insurance rates have nationally. If their is any savings they are so small as to be lost in the statistical noise.
Ultimately it is penny-wise and pound foolish to worry about tort reform that has a slim possibility of a 1-2% cost reduction while at the same time we have a healthcare system averaging 6%-7% yearly increases in cost.
"Tort Reform: A Must for Comprehensive Healthcare Reform"
?? LOL! Get real! We all know that PUBLIC OPTION is the only way to get TRUE comprehensive healthcare reform.
Additionally,Germany exercises a form of National Healthcare. To say TORT reform is the only thing they are getting right, is proposterous. Logically I think the "whole package" is why they are getting it right. Not just one point...
I find it disingenuous to quote the malpractice rates from a country that has a nationalized health care plan and then disregard that as a factor in your statistics.
I often think that people who support tort reform have been fortunate enough never to have known a person who has suffered a life-changing injury or consequence from the malpractice of a health-care professional. We should all be so lucky.
My neighbor's father had to have his leg amputated because of the provable negligence of his physician. He endured multiple surgeries, painful infections, was unable to work, and eventually had his leg cut off from the mid-thigh down.
Guess what? He can't sue the doctor because our legislature decided that the statute of limitations on medical malpractice should be two years from the date of the injury---not the date that the malpractice was discovered, and not three or five years like in other civil cases. No, our wise lawmakers figure that if you get injured and you don't realize it right away, the doctor shouldn't have to pay for his/her mistake. Unbelievable.
The man in question now lives with his daughter. His home was foreclosed on, he's been sued by multiple creditors, he filed for bankruptcy and now he's a walking shell of a human being.
Meanwhile, his doctor continues to practice. Seems fair.
Wow,TORT RERFORM, the battle cry of disingenuous, have no plan, have no clue, mostly Republicans.
Take it to the attornies, eh? Didn't you all make that your main pitch back in 2000 to get doctors and other sufferers of spiralling upward malpractice premimum slaves to vote Republican? After being elected, didn't you present and pass major tort reform?
Mal-practice insurers helped your cause by running ads, and pitching Republicans who would save the docs from the snares of high mal-pracitce rates. It didn't matter back in 2000, that mal-practice claims had been steadily declining over the years, and that awards in mal-practice claims to those harmed by mal-practice had, also, been declining, you and the insurers made sure that the Doctors didn't evaluate the facts, you just fanned the flames of fear among doctors who had been gouged repeatedly by your contributors, the Mal-practice insurance companies.
I know a doctor who, he and his wife were all engrossed in your first insincere pitch to them, and their fellow doctors to vote Republican and you would see to it that there was tort reform. The implication was, with reform the mal-practice rates would decline, and doctors wouldn't be bled on premimums because the awards that insurance companies.
A year, or, so after your first round of TORT reform, I asked my doctor friend, if his mal-practice preimums had declined. Ya, know what? They had not, the insurance companies, increased his mal-practice premiums without explanation. Happened to most doctors and others who require mal-practice insurance.
Do you suppose that all along, since the number of legal cases had been in steady decline and the awards by juries in those cases had been declining, and that, now, since is was hard as hell to sue a doctor, or, a hospital for mal-practice, especially, in Missouri, that the mal-practice insurance companies had been scamming the docs, blaming mal-practice and tort lawyers for their steady, pronounced rise in mal-practice insurance premimums, when all along, it had been the insurance companies greed, and con game with the docs that swelled the coffers insurance companies, based upon the "tort lawyers" did it lie?
As a doc if his mal-practice premimums have declined since the Republicans enacted tort reform back several years ago. Just ask them.
Now, with no creativity, no plan, no nothing, you roll out that lie about Tort Lawyers, and hope that the docs are dumb enough to vote for your candidates. You hope that they are stupid as hell and have forgotten the TORT reform scam that you pulled on them several years ago.
I hope that doctors are not just a bunch of forgetfull dumb azzes and that they will remember what you all did to them to get their vote last time, and how your mal-practice insurance buddies have not lowered the rates, but increased them over the years.
What's Cookin', Doc? If you are not careful, it may be your azz, and the Republicans try to snow you, once again.
Vote indepent, No more Democrats, no more Republicans... they all are globalists with evil intent.
Oh, yeah, back in 2000, and now, by bringing up the TORT REFORM lie, you not only wanted the vote of the docs, but their money as well.
It's tragic that people who are hurt have no recourse against incompetent health care professionals.
An irony of tort reform is that some of our local lawmakers, like Jason Crowell, are attorneys. Crowell works (or at least used to work) for Osburn, Hine, Kuntze, Yates & Murphy, a firm here in Cape that does mostly medical malpractice defense. Crowell helped push through tort reform and his firm is now struggling mightily for business (or so I've heard).
Since people like Crowell seem incapable of empathizing with their constituents, I wonder if he at least feels some regret over the fact that he's not billing doctors at $300 bucks an hour to defend them against malpractice suits.
A well written article, but completely off base. You can only use Germany as an example if the elected officials force a public option on the masses. Do you wonder why malpractice is cheap in Germany? How much luck do you have sueing the government? If we get a public option; TORT reform will not be necessary because there will be no such thing as malpractice. Funny how meglomania praises how great the German healthcare system is. Yeah their country and every other country that embraces the single payer system is having to reboot because of their inability to provide adequate care and national deficits. What will be the difference in those other countries and ours under a one payer system? The Germans just elected a very conservative bunch to fix the dadgumed mess surrounding business and healthcare. Funny; it looks like we are getting a glimpse of what we can expect our country to look like if the liberals in power get the things they want. Healthcare is an easy fix. TORT reform, single payer systems, and all these other stupid political measures will not fix healthcare nor ever will.They never have. My telling you what will fix healthcare will not matter; nor would any of you agree because you toe a party line. We live in Missouri so I guess we have to show you.
If the powers that be want to fix something I wish they would start by getting this economy on track. Why don't you all argue on that for a bit. This president is becoming a bigger joke than Carter. I voted for the man but I am sick of the finger pointing and shirking of responsibility. He needs to man up and do some work or just say he was not qualified for the job. You all keep praising him if you want, but enough is enough. Every policy he and his cronie's have introduced has fallen flat on bite and action. Now he wants to overhaul the healthcare system when he hasn't accomplished one thing of merit since he has taken the office. They haven't created jobs, they haven't stabilized the economy, and they are getting ready to escalate one of the two wars they are in. My advice is to concentrate on creating jobs and win these wars and bring our people home. There is time to do the other stuff later; like when other matters aren't as pressing.I assure you all that having the ability to go to a job that pays is a hell of a lot more important than the ability to go see a doctor. Getting free medical care for damn sure doesn't keep the bank from foreclosure.
Oh... and defy tyranny I liked you comments, but I am most definantly confussed by your post. I was unaware that tort reform was first a republican agenda. So I am ignorant in speaking about it so I must agree with your response on basis I can't argue. I would like for you to do me a favor and ask your doc buddy if he would prefer to pay mal practice insurance, as he currently is, or be further mandated and regulated by the government. This would cap his earnings at a certain level and he would get paid when the government decided to reimburse him for the labor and services provided. Oh you can argue that that doesn't happen but you and everyone else would be just plain stupid to argue with me about that. There are doctors in our community who haven't been paid for medicare and medicaid work they performed as far back as October 2008. The government is the reason this whole issue exist in the first place. And we want more? You damn people blow my mind with your partisan politics. Look at facts and then the whole. It wouldn't be hard to see where the blame lies. It is the government for lack of timely reimbursement to the providers. It is the government for cutting the reimbursement rates to providers. It is the providers who have overcharged the insurance companies trying to compensate for the rates they were cut dealing with the government. It is the provider who charges at will what they want to for a service they provide with no standard margin of fairness. Yall need to quit being sheep and use the bigger part of your brains that has cob webs forming. Everyone points the finger at insurance companies, who by the way just posted their earnings. Come to find out they aren't near as profitable as everyone has been claiming. Funny that the docs,medical admins., lawyers,lobbyist, politicians, and pharmeceutical company reps have the biggest houses, nicest cars, et cetera. They are the biggest lobby firms and campaign contributors. Oh and all those are the ones who stand to gain by the reform if it passes. Coincedence I reckon.
howudoin,
Thank you. If you put TORT REFORM REPUBLICANS 2000 into your search engine all kinds of stories pop up. It was a surpirse for me when I did it, because I was expecting a lot of federal stories. They are there, but you can see the massive movement by Republicans to push for TORT REFORM and win in the state houses. Everyone hates a lawyer, until they need one, and the Republicans found a scape goat, the attorney, by making people think that it was the attorney who had driven the poor ole insurance company to raise their premiumns. It was a smoke screen, so that their insurance friends, could hike their rates, and blame it on attornies, and the stupid azz American who rarely checks anyting out, and usueally is involved in something more "fun" than the health of his freedom, is snowed because he hears his favorite talk show host, Rush parrot that it is the attornies, he hears a bit of discussion about it if he kicks on the nightly TV news, and what little he gets, and with his inability, or, unwillingness to do a modecum of research, he goew with what he hears most.... it is the lawyers that are scru-ing him, vote Republican.
Just search on TORT REFORM 2000 Republicans.....
" Republicans say time is nearing for tort reform: Mississippi's overhaul shouldn't influence West Virginia, Wise says "
Article from:Charleston Daily Mail Article date:October 10, 2002 Author:JIM WALLACE
"TRIUMPHANT BUSH PUTS TORT REFORM, JUDICIAL NOMINEES ON AGENDA."
"After the Nov. 5 midterm elections swept Republicans into control of the Senate and solidified the party's hold on the House, President Bush confidently called on lawmakers returning for this week's lame-duck session to pass the stalled terrorism insurance Terrorism insurance is insurance purchased by property owners to cover their potential losses and liabilities that might occur due to terrorist activities.
It is considered to be a difficult product for insurance companies, as the odds of terrorist attacks are very bill and laid out his agenda for the next Congress. .....Getting the terrorism insurance bill through the lame-duck session appears much more likely, as the Senate passed its version of the bill unanimously last summer.
The Senate bill, however, contained no ban on punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. or other tort reform measures the House bill contained. .......... On other tort reform issues, such as restricting jury awards and limiting class-action suits, Bush will pick up additional support in the new session from three Republicans who captured Senate seats formerly held by Democrats in Missouri, Georgia and Minnesota. "
That was from the mid-term election in 2002. It worked for the Republicans back then to get them elected, and they stuck back in their pile of issues that can sway us, but when they get elected then never do a damn thing about it. ABORION is the most glaring issue that they used to get themselves elected then forgot all about it until it was time to trot the issue out two years hence and fool the voter, all over again.
REAL FANATIC.... DAMN GOOD INFO... THANK YOU...for your 2:40pm posting.
I have said it many times before, that America is God's dumping ground for the most stupid azz people on His earth. It seems, for some reason, that many of those dumpees made their way to southast Missouri, and have become instant authorities, or, more accurately, regurgitators of an radio talk show, or, politician who has snowed their butts, with an opinion that they glombed onto, because they cannot reason and sort information for themselves, and lack the will to do so.
If you don't think that these globalist scum like Jo Ann Emerson, and Obama are going to scru us blind, just wait.
Jo Ann Emerson voted TWICE to rip our pay checks out of our hands and give them to the Greedy, Gambling Wall Street bankers. Sure they spent our money on lavaish resort and spa retreats, gave all their execs and top employees who drove them into the ground, outrageous multi-million dollar bonuses with our stolen money, paid ridiculous salaries. Here's the zinger. Most of you know that they took our money, ran down the reputation and stock of banks, at that critical time when everyone was neverous as hell, that the bank was doing badly, then they swooped in and bought the bank at a greatly devalued price.
Now, it gets juicy. Jo Ann Emerson's Wall Street Banker cronies, started bundling up insurance policies, especially LIFE insurance policies, and they are just about to start prosituting them on the market, like they did mortgage home loans. You know that went so well, when the bankers got greedy, don't you remember last October? Well, now they own banks, they are going to offer Life insurance as a derivative market item, and what else? Oh, they took some of the money that Jo Ann Emerson stole from us, and gave to them, to buy up INSURANCE COMPANIES.
They own the banks, they bundled life insurance to start a new market rip-off, and they bought up the insurance companies. Now what?
They are pushing Jo Ann Emerson, who is already on board to scru us on this health care NO REFORM plan, and other persons close to the insurance industry, which is just about every damn Democrat and scummy Republican in D.C, save a handful. They want this plan where every single American would be FORCED to buy insurance. That gives the insurance companies a ready market, a captive market that we have no recourse from, as if we lose our health insurance at work, we will be FORCED to buy our own. We have been slaves to these low lifes for years under the intolerable IRS, now, we will be the slaves of Jo Ann Emerson's Wall Street and foreign banker slimes, and to top it off, slaves to the insurance industry.
What about those bundled up Life Insuance policies that Wall Street intends to sell, like they did home mortgages and got into trouble? Well, the only way that the bankers win on their purchase of your life insurance policy, is if you DIE....DIE.... DIE.... So, guess which way that the mis labeled "healthcare" reform is going to go? You think in your favor, so effort and money is spent to keep you alive, when they are holding your Life insurance policy that will make them stinking rich if you DIE NOW?
Think, for God's sake, think...
So defy what is your point. I don't have to think. I know; I see it. I am engaged in it. I do not see where anybody can really spout off to one direction or the other attacking any party when they are all to blame. The issue here is instead of fixing problems they are making them worse.So where do you stand. I stand where we the people fix our problems; not silver forked tongued politicians. It seems that everyone is infatuated with this idea that our federal government can fix things and capitalism is an unfair practice depriving life to the citizens who are less fortunate. I do not believe government is the answer. I have no faith in people in power. They are good people I am sure. How can they not have self and special interest when you are trying to keep a job elected of the people. So none of us can rail and cry because we all played a part in creating the problem that is Washington, D.C. We have all been burned by the rhetoric and promises to change the way Washington does things.All lies and this new administration is the latest group to continue the lie. I clearly see the direction this country is going. I have neighbors, family, friends and others I know who are out of work. I have been through a foreclosure (way before this era) and know many going throught them now. WHere do you stand defy. You want to lecture and tell people what and how to think but you never state your position. I see that we have two parties in this country. The one in power now has nothing but stupid policies and in love with power. The other party doesn't have a clue what to do and is crouching back like a scolded kid because you have leftist idiots running amuck at the helm. Big government socialictic governments always fail and always will. History has always proven this. We aren't good students, and we haven't learned anything. I am not ready to give the country I live in away yet, and that is what the president is trying to do. I don't have to hear a pundit on a radio or a news anchor to tell me what they think. I am smart and old enough to see what is going on out here on main street. This is where I live. I just hope that the American people see it too and get rid of this mistake as soon as possible. That is what this president and current administration is...a mistake. I swear I would rather have Bush back. The people of this country in the past generations have always fixed the problems of the country. Through sweat, blood, and many tears. That will be the only way our country will remain strong and in existence. The talent, fortitude, and character of the people of our nation is what our country is about. Not tie wearing politicians or nutjob wacko leftist liberal tree huggers. The normal everyday guy is how our story was written and to survive in the world; how it must remain. So where are you at?
howudoin,
I would like to fully reply to your worthy post.
However, that may take a day, or, so, as I must rest.
To sum it up, I do not believe that we are a capitalist economy. We have been morphed into a managed economy based upon corporatism, or, corporate fascism, where certain elements are entertwined incestously with that of governemtn.
more later, but that is the nut of it.
There will be no recovery, other than a brief period which appears to be a fiancial recover on Wall Street. As for Main Street, small business, and many who now have jobs, there will be no jobs, no recovery, because this is not an issue of either we, or, the government fixing anything. This is entire collapse has been contrived, carefully planned, and executed.
That is why the "solution" was so rapidly put in place by Bush and his Treasury Secretary, Henry Paulson, with the aid of Tim Geithner, then head of the NYC private banker owned Federal Reserve bank. Geithner, is of course, now Obama's Treasury Secretary.
Nothing changes, it all remains the same, except for minor, or, non issues which are hyped in the attempt to promote the lie that there is a difference between the Bush and Obama, Clinton, and GHW Bush regimes.
Nothing changes, as we accelerate toward their New World Order.
The only way that we can "fix it", in your words, would frighten the moderators here on Speak Out, and probably many of the viewers.
As a Serbian Reservist sniper told me during the Clinton War of Agression on Serbia - Kosovo, "You are living in Dangerous times." As Clinton was bombing his nation, unprovoked, and killing thousands of his countrymen, I wondered why he was telling me that I was living in "dangerous times."
I now know. Nothing is as it seems, there is a hidden agenda of these globalists that is becoming not so hidden.
Most Americans are not mentally prepared for what would be necessary to "fix it," nor, are they physically equipped, or, operationally prepared to "fix" our problem.
This kind of change will only come when people figure out that all costs come out of our wallet. All good businesses compute their total cost of doing business and charge accordingly. We (juries included) have to get over the idea that damage awards are other people's money. It is not, no matter how little you slice it, we all pay.