
RE the frivolous malpractice suits that get settled as a nuisance (just an overhead expense to the ins. company, but surely passed on in rates) - wouldn't the suggestion that the person suing be responsible for the court and defense expenses if they lose be a deterrent? If that was in place, I bet some of the ins. companies would draw a line in the sand and defend a few of these, thus sending the message that they are not doormats.
I also think trying these in front of juries might need to be relooked. There is too much emotion brought in and it overwhelms logic in too many cases. Trial in front of the judge who renders the verdict, or a 3 judge panel for example might have more reasonable outcomes. Food for thought. I wish we were doing more of this discussion of how to trim the costs and improve the deliverables rather than just throwing more money at the problem. |
We have to remember that a bad outcome, does not imply malpractice. |
So right. So why is tort reform such a sacred cow for the Democrats? Surely the trial lawyers will still support them (what are the alternatives) if sensible steps are taken to prevent the malpractice suit abuse. Today pretty much if you file a malpractice suit you will be paid. |
It's not a sacred cow, or Obama would not have put it on the table in front of the AMA itself. However, it's easy to talk about "tort reform" and forget that malpractice law is for people who have been injured, perhaps permanently maimed or even killed, at the hands of a negligent doctor or medical professional. Behind the lawsuit may be a child who can never walk or has a low IQ, or someone who must live out their life in chronic pain, or a father or mother in a casket at 40. |
Really, we should look at causes of higher health care costs OUTSIDE of hospitals and doctor's offices. The Europeans do much better preventive stuff than we do. Look at Norway and how they handle drunk drivers. You really shouldn't THINK about driving with one mouthful of alcohol in your system in that country. That saves TONS of lives and LOADS of money. |