Malpractice Tort Reform: Nothing New Out There
Posted On: April 18, 2011
The Tennessee Daily News Journal has an editorial on proposed medical malpractice reform in Tennessee. The paper takes what I think is the right side in opposing a cap on economic damages.
I read these editorials all around the country. No one is saying anything new anymore. There are no new studies of note, there are no new angles to approach the arguments. I can't remember the last time I have read something innovative on the topic of malpractice tort reform. (I don't have anything, either.) Everyone just repeats what has been said time and time again elsewhere.
Comments
There is always two sides to reform, in this case, the plaintiff side, and defense side. One side is not going to be happy by any suggestion from the other side. We can all agree there- Right?
I am a med mal claims guy since 1985. I have seen changes that helped the effect on society from med mal claims, not so much in improving medical care overall. Will briefly comment on that later.
A policy in a cap of sorts. Argue for higher policy limits. Is there really a need to cripple a doctor financially for a bad outcome. Does that serve the public good? I dont think so.
How about loser pays? The injured never pay anyway, it is all contingency, so lawyers have to take cases with merit. Fair?
Does a Doctor get a jury of peers. Nope, never happens. A jury of peers is meant for the defendant, not the plaintiff. Like station in rank in the community is a peer- not just another physician. How about a college degree as a minimum to sit on med mal cases.Fair?
Docs have a dozen years of post HS education. Is it fair that he is judged by HS graduates trained by reruns of House. I say no it isnt.
Joe Jury is fine for bank robbery, not for the art and science of medicine.
RE caps- you need one for noneconomic damages as there is no ruler, nor scale to measure pain. It is subjective, all other causes of action are objective, just like cash.
A cap is an upper limit, not a starting point. 250k may be light, I am ok with 500k. What kind of pain is worth $75 dollars or $1000?
Use arbitration to get faster results and get the hollywood out of the cases.
Trim the fee schedule. Make it a year for discovery , max. Make that happen. Use structures so the indemnity isnt placed on a horse in the fifth race. I have a long list.
Re improving medical care, cut down on the fatigue and communication factor, hire more nurses. No more barbaric 72 hr shifts for residents.
Repeal McCarron -ferguson to help cripple the Humanas of the world. We dont have healthcare, just catastrpophe insurance.
Lets pay a huge monthly premium for the privelge to meet an obscene deductible, so that we can reach into our wallets for a co-pay !! Really? - no tip???
Open the competition so docs arent crippled by the system. With cheaper healthcare due to competition, the so claled defensive medicine may be the standard of care.
Nationwide acdcess to all HC companies. See what happens. If Henry Ford had no competition, we'd still be in Model T's.
Do we really want reform ask the lobbyists- No.
Healthcare in this country is measured by full hospitals and not empty ones. Think about that.
Regards
Jim O'Hare
Director of Claims
Medicus Insurance Co.
Austin Tx
Posted by: Jim O'Hare RPLU AIC AIS | April 19, 2011 12:24 PM