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Forget it. The Democrats will deny that defensive medicine even exists (much like the way some of them deny that Political Correctness even exists, but that's for another thread).
Defensive medicine continues to be practiced because doctors are afraid of being sued. Lawyers sue. Lawyers organizations are one of the Democrats' most powerful constituencies.
Ending defensive medicine would immediately and dramatically decrease the overall cost of health care delivery, but forget it. This is about politics, not the cost of health care.
Nice try, though.
.
Come ON! Refute the above information... I see 5 people have read it.. WHERE are your arguments that this won't work? Or that my information is incorrect???
I mean now even Obama is saying 30 million are uninsured!
Maybe you need to actually not come off like someone who is erratic and all over the map.
On the 46 million. Sorry, those 10 million Non-citizens STILL have medical needs. So do those 18 million who don't buy insurance because they think they can skate. The rest of us who DO buy insurance end up paying for them when they end up at Emergency Rooms and skip out on their bills.
Defensive medicine- Sorry, man, I want doctors practicing defensive medicine and so do you. We have 96,000 deaths every year due to medical mistakes. I want them making sure they don't make more.
Tanning Salons- Tax the fuck out of them. Seriously.
Lawyers- Once again- 96,000 Americans are killed every year because medical "professionals" make mistakes. Lawyers keep them on the up and up.
Most people injured by their caregivers don't sue. Usually trying to make it right is sufficient.
Lawyers aren't the problem.
Greedy doctors, greedy pharmacueitcal companies and greedy insurance companies are.
Step ONE. Stop using the number "46 million uninsured"!
There have NEVER been 46 million that want and are legally eligible for insurance!
When Obama said: "We are not a nation that accepts nearly 46 million uninsured men, women and children,"
HE Obviously with ALL the resources at his command STILL didn't want to admit that:
1) 10 million counted in his "46 million" WERE NOT citizens!!!
source:Income, Poverty and Health Insurance Coverage in the United States: 2009 - Income & Wealth - Newsroom - U.S. Census Bureau
2) 14 million that say they are uninsured DON"T KNOW they are covered by Medicaid! He of ALL people should know THAT!!!
(NOTE : maybe that's why Obama is NOW saying "30 million"!!!
http://coverageforall.org/pdf/BC-BS_Uninsured-America.pdf
3) 18 million of the "46 million" don't want health insurance as they are under 34, make over $50k and spend less then their employer share!
source: CRISIS OF THE UNINSURED: 2009
AND this is where Obama et.al. are so dishonest! WHY FORCE 18 million people to buy something they don't NEED?
So there is really less the 4 million that need and want coverage
so WHY destroy the health system for the rest of the 99% of Americans?
Second STEP!
Recognize what doctors surveyed say they do ordering duplicate tests, or referrals, etc. i.e. "defensive medicine"!
90% of physicians say they order $850 billion a year in wasted duplicate tests, referrals all out of FEAR of being SUED!
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
Third Step!
Recognize Obamacare taxed tanning salons because of skin cancer!
Fourth Step!
Recognize that lawyers file lawsuits. Frivolous actions that physicians fear and therefore CAUSE the $850 billion in duplicate tests, etc.
Fifth Step:
Tax lawyers 10% on their $270 billion a year in revenues ..JUST like tanning salons and use that to:
pay a $5,000 premium for each of the 4 million truly uninsured!
Sixth Step:
Mandate hospitals that see this "uninsured" they register and send claims to the insurance company AND NOT pad and pass sometimes at 6,000% markup to Medicare/insurance companies...again adding to the costs!
That is the solution and it didn't cost ANYTHING from the middle class..
but the ambulance chasing, millionaire lawyers!
In summary:
Admit there are less the 4 million!
Tax lawyers' $270 billion a year at 10%
Use the $27 billion to cover the 4 million truly uninsured.
THEN watch the cost of health care plummet by $100 to $200 billion a year and these claims won't be sent to insurance companies and
Medicare!
Then watch insurance companies profits climb --AND YOU IDIOTS-- the insurance companies TAX payments INCREASE!
Then watch Medicare COSTS decline as less and less 6,000% markup "padded and passed" on claims are sent to Medicare!
Then watch insurance premiums decline!
Then watch more people affording their own health insurance.
Then watch MORE TAX revenue reduce the deficit!
AND then DON"T WATCH the destruction of health care for the rest of us!
NOW PLEASE REFUTE ANY of these points OK... Check out the sources OK... THEN tell me this isn't a great solution!!!
WHERE ARE ALL the people that say this won't work????
We have the most costly health care system in the world at present. And we get third world results. There are many nations that are covering all of their citizens at 1/2 to 3/4 the cost per citizen that is paid in this nation. And they live longer, and have far better infant mortality numbers.
Now you can defend paying too much for too little till the cows come home. If that is your schtick, lovely. For the rest of us, we need to look at what the other industrial nations are doing right, and copy what would work for us.
Step ONE. Stop using the number "46 million uninsured"!
There have NEVER been 46 million that want and are legally eligible for insurance!
When Obama said: "We are not a nation that accepts nearly 46 million uninsured men, women and children,"
HE Obviously with ALL the resources at his command STILL didn't want to admit that:
1) 10 million counted in his "46 million" WERE NOT citizens!!!
source:Income, Poverty and Health Insurance Coverage in the United States: 2009 - Income & Wealth - Newsroom - U.S. Census Bureau
2) 14 million that say they are uninsured DON"T KNOW they are covered by Medicaid! He of ALL people should know THAT!!!
(NOTE : maybe that's why Obama is NOW saying "30 million"!!!
http://coverageforall.org/pdf/BC-BS_Uninsured-America.pdf
3) 18 million of the "46 million" don't want health insurance as they are under 34, make over $50k and spend less then their employer share!
source: CRISIS OF THE UNINSURED: 2009
AND this is where Obama et.al. are so dishonest! WHY FORCE 18 million people to buy something they don't NEED?
So there is really less the 4 million that need and want coverage
so WHY destroy the health system for the rest of the 99% of Americans?
Second STEP!
Recognize what doctors surveyed say they do ordering duplicate tests, or referrals, etc. i.e. "defensive medicine"!
90% of physicians say they order $850 billion a year in wasted duplicate tests, referrals all out of FEAR of being SUED!
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
Third Step!
Recognize Obamacare taxed tanning salons because of skin cancer!
Fourth Step!
Recognize that lawyers file lawsuits. Frivolous actions that physicians fear and therefore CAUSE the $850 billion in duplicate tests, etc.
Fifth Step:
Tax lawyers 10% on their $270 billion a year in revenues ..JUST like tanning salons and use that to:
pay a $5,000 premium for each of the 4 million truly uninsured!
Sixth Step:
Mandate hospitals that see this "uninsured" they register and send claims to the insurance company AND NOT pad and pass sometimes at 6,000% markup to Medicare/insurance companies...again adding to the costs!
That is the solution and it didn't cost ANYTHING from the middle class..
but the ambulance chasing, millionaire lawyers!
In summary:
Admit there are less the 4 million!
Tax lawyers' $270 billion a year at 10%
Use the $27 billion to cover the 4 million truly uninsured.
THEN watch the cost of health care plummet by $100 to $200 billion a year and these claims won't be sent to insurance companies and
Medicare!
Then watch insurance companies profits climb --AND YOU IDIOTS-- the insurance companies TAX payments INCREASE!
Then watch Medicare COSTS decline as less and less 6,000% markup "padded and passed" on claims are sent to Medicare!
Then watch insurance premiums decline!
Then watch more people affording their own health insurance.
Then watch MORE TAX revenue reduce the deficit!
AND then DON"T WATCH the destruction of health care for the rest of us!
NOW PLEASE REFUTE ANY of these points OK... Check out the sources OK... THEN tell me this isn't a great solution!!!
WHERE ARE ALL the people that say this won't work????
Hey numbnuts, you've been lobbying for someone to refute what you said in the OP, well, JoeB131 just refuted it and no response from you. What's up with that?Your observations are ANECDOTAL about "One emergency room."
1) (PLEASE SEE BELOW survey!!!) physicians surveyed said:
Physicians estimate the cost of defensive medicine in US at $650 to $850 billion per year.
This is 26% to 34% of all US healthcare costs.
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
- Up to 92% of US physicians practice defensive medicine.
- 76% of physicians report that defensive medicine decreases patient access to healthcare.
- 53% of physicians report delaying new techniques, procedures, and treatments due to fear of lawsuits.
- Patients most affected by defensive medicine include those visiting emergency rooms and those requiring surgery.
- Women are most affected by defensive medicine.
- Emergency medicine, primary care, and OB/GYN physicians are most likely to practice defensive medicine.
- 79 to 83% of surgeons and OB/GYNs have been named in lawsuits.
Next error..2. "The defensive medicine excuse. I am thinking doctors get paid for referrals"
YOU never heard of the Stark law have you???
The Stark law is a limitation on certain physician referrals. It prohibits physician referrals of designated health services ("DHS") for Medicare and Medicaid patients if the physician (or an immediate family member) has a financial relationship with that entity
Stark Law - Wikipedia, the free encyclopedia
WHY would 90% of physicians admit to defensive medicine if it would COST THEM REFERRAL MONEY and was against the law to get referrals???
Finally why are you so quick to attack the 1% people when Lawyers make up that 1% from their factual revenue generated by
health care cases?
Why are you using single anecdotal reference and say that applies to ALL emergency rooms?
Why are you so afraid of TAXING Lawyers?
I just don't understand how people like you that attack profiteers seem to ignore what 90% of doctors attest to and the facts
millionaire lawyers are making MONEY OFF YOU! Yes because every time that doctor sends a duplicate test (which he makes no money off ) and Medicare pays hospitals sometimes 6,000% markups for doing these tests IT AFFECTS YOU!
Do you think I'm spending this time and energy to share these facts with people like you just out of the goodness of my heart?
NO! It's because LIKE YOU I pay Medicare payroll taxes! And OUR payroll tax money is being WASTED in just these illustrations!
And now we have even further WASTE from Obamacare!
So I have a very selfish motive here... I HATE to see MY tax money blown by people that can't even add and subtract:
18 million people from 46 million supposedly uninsured that don't want insurance.. yet it will cost me under Obamacare!
14 million people from 46 million that are already covered under my tax money with MEDICAID... yet Obama doesn't know that??
10 million people that are not citizens... AGAIN my payroll taxes and destruction of healthcare to cover them??
42 million people falsely counted and the 46 million really in 4 million.. AND YOU are OK with the phony number 46 million???
Did you really wanna debate this issue? Or were you just pontificating on a soap box?
Step ONE. Stop using the number "46 million uninsured"!
There have NEVER been 46 million that want and are legally eligible for insurance!
When Obama said: "We are not a nation that accepts nearly 46 million uninsured men, women and children,"
HE Obviously with ALL the resources at his command STILL didn't want to admit that:
1) 10 million counted in his "46 million" WERE NOT citizens!!!
source:Income, Poverty and Health Insurance Coverage in the United States: 2009 - Income & Wealth - Newsroom - U.S. Census Bureau
2) 14 million that say they are uninsured DON"T KNOW they are covered by Medicaid! He of ALL people should know THAT!!!
(NOTE : maybe that's why Obama is NOW saying "30 million"!!!
http://coverageforall.org/pdf/BC-BS_Uninsured-America.pdf
3) 18 million of the "46 million" don't want health insurance as they are under 34, make over $50k and spend less then their employer share!
source: CRISIS OF THE UNINSURED: 2009
AND this is where Obama et.al. are so dishonest! WHY FORCE 18 million people to buy something they don't NEED?
So there is really less the 4 million that need and want coverage
so WHY destroy the health system for the rest of the 99% of Americans?
Second STEP!
Recognize what doctors surveyed say they do ordering duplicate tests, or referrals, etc. i.e. "defensive medicine"!
90% of physicians say they order $850 billion a year in wasted duplicate tests, referrals all out of FEAR of being SUED!
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
Third Step!
Recognize Obamacare taxed tanning salons because of skin cancer!
Fourth Step!
Recognize that lawyers file lawsuits. Frivolous actions that physicians fear and therefore CAUSE the $850 billion in duplicate tests, etc.
Fifth Step:
Tax lawyers 10% on their $270 billion a year in revenues ..JUST like tanning salons and use that to:
pay a $5,000 premium for each of the 4 million truly uninsured!
Sixth Step:
Mandate hospitals that see this "uninsured" they register and send claims to the insurance company AND NOT pad and pass sometimes at 6,000% markup to Medicare/insurance companies...again adding to the costs!
That is the solution and it didn't cost ANYTHING from the middle class..
but the ambulance chasing, millionaire lawyers!
In summary:
Admit there are less the 4 million!
Tax lawyers' $270 billion a year at 10%
Use the $27 billion to cover the 4 million truly uninsured.
THEN watch the cost of health care plummet by $100 to $200 billion a year and these claims won't be sent to insurance companies and
Medicare!
Then watch insurance companies profits climb --AND YOU IDIOTS-- the insurance companies TAX payments INCREASE!
Then watch Medicare COSTS decline as less and less 6,000% markup "padded and passed" on claims are sent to Medicare!
Then watch insurance premiums decline!
Then watch more people affording their own health insurance.
Then watch MORE TAX revenue reduce the deficit!
AND then DON"T WATCH the destruction of health care for the rest of us!
NOW PLEASE REFUTE ANY of these points OK... Check out the sources OK... THEN tell me this isn't a great solution!!!
WHERE ARE ALL the people that say this won't work????
So you seem to be under the impression that 10 million illegals never go to the emergency room and that we never end up paying for them anyway. You also seem to be under the impression that 18 million who choose not to purchase insurance never need it and never get sick to the point that they cannot pay for their own medical care. Unfortunately, that is just not true.
In the end we all pay for these uninsured people.
Come ON! Refute the above information... I see 5 people have read it.. WHERE are your arguments that this won't work? Or that my information is incorrect???
I mean now even Obama is saying 30 million are uninsured!
Maybe you need to actually not come off like someone who is erratic and all over the map.
On the 46 million. Sorry, those 10 million Non-citizens STILL have medical needs. So do those 18 million who don't buy insurance because they think they can skate. The rest of us who DO buy insurance end up paying for them when they end up at Emergency Rooms and skip out on their bills.
Defensive medicine- Sorry, man, I want doctors practicing defensive medicine and so do you. We have 96,000 deaths every year due to medical mistakes. I want them making sure they don't make more.
Tanning Salons- Tax the fuck out of them. Seriously.
Lawyers- Once again- 96,000 Americans are killed every year because medical "professionals" make mistakes. Lawyers keep them on the up and up.
Most people injured by their caregivers don't sue. Usually trying to make it right is sufficient.
Lawyers aren't the problem.
Greedy doctors, greedy pharmacueitcal companies and greedy insurance companies are.
That and also, the 18 million "don't want it" figure may be true in the current context. If I have diabetes (thank God I do not--get everyone in your family checked for this killer disease) and I am uninsured I would like to get health insurance quite obviously. But I "don't want it" at a price that would destroy my house hold budget. Now if the price is lower due to a federal program or I leave my job but want to hold on to my insurance and continue seeing MY doctor or what have you...the calculus may change as to what I "want".
There are degrees of wanting anything. I want season tickets to the Cardinals in a luxury box. I don't want them at a rate of nearly $8,000 which is a thousand bucks per game. You cut that price to $1,500...then we'll talk.
Tax lawyers' $270 billion a year at 10%
WHERE ARE ALL the people that say this won't work????
60% of Senators are lawyers, and 37% of House members are lawyers.
lol, you're an idiot. Stop trolling.
Step ONE. Stop using the number "46 million uninsured"!
There have NEVER been 46 million that want and are legally eligible for insurance!
When Obama said: "We are not a nation that accepts nearly 46 million uninsured men, women and children,"
HE Obviously with ALL the resources at his command STILL didn't want to admit that:
1) 10 million counted in his "46 million" WERE NOT citizens!!!
source:Income, Poverty and Health Insurance Coverage in the United States: 2009 - Income & Wealth - Newsroom - U.S. Census Bureau
2) 14 million that say they are uninsured DON"T KNOW they are covered by Medicaid! He of ALL people should know THAT!!!
(NOTE : maybe that's why Obama is NOW saying "30 million"!!!
http://coverageforall.org/pdf/BC-BS_Uninsured-America.pdf
3) 18 million of the "46 million" don't want health insurance as they are under 34, make over $50k and spend less then their employer share!
source: CRISIS OF THE UNINSURED: 2009
AND this is where Obama et.al. are so dishonest! WHY FORCE 18 million people to buy something they don't NEED?
So there is really less the 4 million that need and want coverage
so WHY destroy the health system for the rest of the 99% of Americans?
Second STEP!
Recognize what doctors surveyed say they do ordering duplicate tests, or referrals, etc. i.e. "defensive medicine"!
90% of physicians say they order $850 billion a year in wasted duplicate tests, referrals all out of FEAR of being SUED!
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
Third Step!
Recognize Obamacare taxed tanning salons because of skin cancer!
Fourth Step!
Recognize that lawyers file lawsuits. Frivolous actions that physicians fear and therefore CAUSE the $850 billion in duplicate tests, etc.
Fifth Step:
Tax lawyers 10% on their $270 billion a year in revenues ..JUST like tanning salons and use that to:
pay a $5,000 premium for each of the 4 million truly uninsured!
Sixth Step:
Mandate hospitals that see this "uninsured" they register and send claims to the insurance company AND NOT pad and pass sometimes at 6,000% markup to Medicare/insurance companies...again adding to the costs!
That is the solution and it didn't cost ANYTHING from the middle class..
but the ambulance chasing, millionaire lawyers!
In summary:
Admit there are less the 4 million!
Tax lawyers' $270 billion a year at 10%
Use the $27 billion to cover the 4 million truly uninsured.
THEN watch the cost of health care plummet by $100 to $200 billion a year and these claims won't be sent to insurance companies and
Medicare!
Then watch insurance companies profits climb --AND YOU IDIOTS-- the insurance companies TAX payments INCREASE!
Then watch Medicare COSTS decline as less and less 6,000% markup "padded and passed" on claims are sent to Medicare!
Then watch insurance premiums decline!
Then watch more people affording their own health insurance.
Then watch MORE TAX revenue reduce the deficit!
AND then DON"T WATCH the destruction of health care for the rest of us!
NOW PLEASE REFUTE ANY of these points OK... Check out the sources OK... THEN tell me this isn't a great solution!!!
WHERE ARE ALL the people that say this won't work????
I think you are right about the number of uninusured. I believe the powers that be inflated the number so people would think there were oh so many out there suffering. There are a few. I worked in health care for 25 years. Yes, there are a few. But, the veterans are covered, the old are covered, the sick, lame, and lazy are covered. Medicaid could have been expanded to cover the working poor who can't get insurance without the assault that has occurred on our businesses and health care facilities. Anyone who thinks doctors and hospitals are not in self defense mode is delusional. They are merging to achieve power just like they did in TN when Tenncare hit. The market for NPs will open even more than it already is. Doctors will whine and complain, but ultimately they will keep doing what they are doing now.
Come ON! Refute the above information... I see 5 people have read it.. WHERE are your arguments that this won't work? Or that my information is incorrect???
I mean now even Obama is saying 30 million are uninsured!
Where are the people who complain about the same thing being posted over and over again?
Step ONE. Stop using the number "46 million uninsured"!
There have NEVER been 46 million that want and are legally eligible for insurance!
When Obama said: "We are not a nation that accepts nearly 46 million uninsured men, women and children,"
HE Obviously with ALL the resources at his command STILL didn't want to admit that:
1) 10 million counted in his "46 million" WERE NOT citizens!!!
source:Income, Poverty and Health Insurance Coverage in the United States: 2009 - Income & Wealth - Newsroom - U.S. Census Bureau
2) 14 million that say they are uninsured DON"T KNOW they are covered by Medicaid! He of ALL people should know THAT!!!
(NOTE : maybe that's why Obama is NOW saying "30 million"!!!
http://coverageforall.org/pdf/BC-BS_Uninsured-America.pdf
3) 18 million of the "46 million" don't want health insurance as they are under 34, make over $50k and spend less then their employer share!
source: CRISIS OF THE UNINSURED: 2009
AND this is where Obama et.al. are so dishonest! WHY FORCE 18 million people to buy something they don't NEED?
So there is really less the 4 million that need and want coverage
so WHY destroy the health system for the rest of the 99% of Americans?
Second STEP!
Recognize what doctors surveyed say they do ordering duplicate tests, or referrals, etc. i.e. "defensive medicine"!
90% of physicians say they order $850 billion a year in wasted duplicate tests, referrals all out of FEAR of being SUED!
Health News Observer ? Physicians Estimate The Cost Of Defensive Medicine In Us At 650 To 850 Bill Articles
Third Step!
Recognize Obamacare taxed tanning salons because of skin cancer!
Fourth Step!
Recognize that lawyers file lawsuits. Frivolous actions that physicians fear and therefore CAUSE the $850 billion in duplicate tests, etc.
Fifth Step:
Tax lawyers 10% on their $270 billion a year in revenues ..JUST like tanning salons and use that to:
pay a $5,000 premium for each of the 4 million truly uninsured!
Sixth Step:
Mandate hospitals that see this "uninsured" they register and send claims to the insurance company AND NOT pad and pass sometimes at 6,000% markup to Medicare/insurance companies...again adding to the costs!
That is the solution and it didn't cost ANYTHING from the middle class..
but the ambulance chasing, millionaire lawyers!
In summary:
Admit there are less the 4 million!
Tax lawyers' $270 billion a year at 10%
Use the $27 billion to cover the 4 million truly uninsured.
THEN watch the cost of health care plummet by $100 to $200 billion a year and these claims won't be sent to insurance companies and
Medicare!
Then watch insurance companies profits climb --AND YOU IDIOTS-- the insurance companies TAX payments INCREASE!
Then watch Medicare COSTS decline as less and less 6,000% markup "padded and passed" on claims are sent to Medicare!
Then watch insurance premiums decline!
Then watch more people affording their own health insurance.
Then watch MORE TAX revenue reduce the deficit!
AND then DON"T WATCH the destruction of health care for the rest of us!
NOW PLEASE REFUTE ANY of these points OK... Check out the sources OK... THEN tell me this isn't a great solution!!!
WHERE ARE ALL the people that say this won't work????
So you seem to be under the impression that 10 million illegals never go to the emergency room and that we never end up paying for them anyway. You also seem to be under the impression that 18 million who choose not to purchase insurance never need it and never get sick to the point that they cannot pay for their own medical care. Unfortunately, that is just not true.
In the end we all pay for these uninsured people.
Tax lawyers' $270 billion a year at 10%
WHERE ARE ALL the people that say this won't work????
60% of Senators are lawyers, and 37% of House members are lawyers.
lol, you're an idiot. Stop trolling.
HEY I don't disagree with your reasoning for WHY Tort reform wasn't in ACA!
YOU ARE RIGHT!!!
That doesn't though alter the FACTS!
THAT doesn't make me an idiot but shows how totally stupid you are for continuing to ask these representatives AND Obama to screw you over..."another one please sir"!!!
Just because I share the facts doesn't make me the f..king idiot here you dummy!
I am showing idiots like you the facts and you attack ME!
Wow!!! Intelligent!
Tax lawyers' $270 billion a year at 10%
WHERE ARE ALL the people that say this won't work????
60% of Senators are lawyers, and 37% of House members are lawyers.
lol, you're an idiot. Stop trolling.
HEY I don't disagree with your reasoning for WHY Tort reform wasn't in ACA!
YOU ARE RIGHT!!!
That doesn't though alter the FACTS!
THAT doesn't make me an idiot but shows how totally stupid you are for continuing to ask these representatives AND Obama to screw you over..."another one please sir"!!!
Just because I share the facts doesn't make me the f..king idiot here you dummy!
I am showing idiots like you the facts and you attack ME!
Wow!!! Intelligent!
60% of Senators are lawyers, and 37% of House members are lawyers.
lol, you're an idiot. Stop trolling.
HEY I don't disagree with your reasoning for WHY Tort reform wasn't in ACA!
YOU ARE RIGHT!!!
That doesn't though alter the FACTS!
THAT doesn't make me an idiot but shows how totally stupid you are for continuing to ask these representatives AND Obama to screw you over..."another one please sir"!!!
Just because I share the facts doesn't make me the f..king idiot here you dummy!
I am showing idiots like you the facts and you attack ME!
Wow!!! Intelligent!
"Tort reform" is not patient oriented. Allowing providers to be less accountable will not improve health care. Just because you take away someone's access to the courts doesn't mean things are going to get better. They are not. I won't say I've seen it all because when I do, I see something worse. But I've seen a lot. Americans need to retain the right to pursue medical negligence through legal means.
No one is talking about not allowing people who have been legitimately hurt by a patient provider from suing.
We are talking about reforms that limit damages to actual damage and cap pain and suffering at some reasonable level. The result is lower premiums for malpractice insurance and better care for patients, as doctors aren't ordering test after test just to cover themselves.
Previous comparisons of states with and without tort reforms (such as caps on damages, limits on attorneys fees, and reductions in the time that plaintiffs have to file a claim) suggest that the presence of tort reforms does little to limit use of health care. This has led to inferences that the total cost of defensive medicine is low.23 An alternative explanation, empirically supported by previous work, is that the kinds of tort reforms that states have adopted to date do not appreciably reduce physicians level of malpractice concern,6 and it is perceived rather than actual risk that determines how physicians behave.
Policy approaches that target the underlying causes of physicians malpractice concerns might reduce defensive medicine more effectively than current estimates suggest. Being sued is associated with substantial distress for physicians, but tort reforms are generally aimed at lowering the cost of eventual payouts to the exclusion of other approaches. Physicians extreme dread of malpractice litigation may stem from their perception that it is unpredictable, uncontrollable, and potentially disastrous both financially and psychologically.6
To achieve this goal [reassuring physicians that medical injuries can be resolved expeditiously and fairly, in a less adversarial manner], reforms need to facilitate communication between physicians and patients about why adverse outcomes occurred; to explain, in some cases, that the standard of care was met; to provide reasonable compensation rapidly when it was not met; and to keep disputes from escalating into full-blown litigation. Several approaches are promising.23 Communication-and-resolution programs, in which health care institutions proactively disclose errors, apologize, and offer compensation before the patient files a claim, could reduce the numbers and costs of lawsuits and speed the process of resolution. So could expanded use of mediation.
Another, farther-reaching reform would be to replace litigation in the courts with an administrative compensation system, akin to workers compensation. Administrative compensation proposals typically suggest that patients should not have to prove that their providers were negligent, only that their injury could have been avoided in an optimal system of care. Although politically challenging, such proposals are appealing because trying to avoid the emotional distress of being labeled as negligent may drive a great deal of defensive behavior among physicians.
A final approach is to give care providers a strong defense to allegations of malpractice, known as a safe harbor, if they can show that they followed an applicable, well-accepted, evidence-based practice guideline. By promoting national, evidence-based standards of care, instead of holding physicians to the prevailing standard in their state or community, safe harbors also have the potential to reduce geographic variation in the provision of some services.33
