Friday, September 11, 2009

Tort Reform Straw Man Legitimized by Obama Concession to Partisan GOP Whining

Tort reform has not reduced insurance premiums for "consumers." Some doctors will pay less on their already high premium in states where reform has been tried. But even if tort reform were to leave victims holding the bag on future pain, suffering and costs, would insurance companies really keep rates low for any sustainable amount of time without making up the profit loss somewhere else?

Take health savings accounts for example: Low initial premium costs deprive insurance companies of profits over the first five year period (low balling), but after that time, the savings element will disappear and normal premium levels end up returning with a vengeance. The system is gamed for another 5 or 10 years until another "temporary" business model is introduced by industry friendly politicians.

Removing the penalty for bad judgment that results in medical errors eliminates the deterrent factor. That's why we have our day in court and that's why doctors and hospitals with a long list of lawsuits go out of business or try to improve care. But..

According to AP, there is a "possibility that malpractice changes could be part of health care legislation that suddenly seems to have better chances of passing.
But the facts belie the urgency to reduce insurance company payouts in an attempt to increase their bottom line.

Many economists are skeptical that malpractice insurance premiums paid by doctors - or even the practice of defensive medicine to avoid litigation - are major reasons for soaring health care costs.
In a world where everything has equal relevance, where facts are now competing evenly with opinion:

But the issue looms large politically because many conservatives in both parties are convinced that doctors routinely order up tests their patients don't need because they're afraid of getting sued.
Politics, ideologically driven, now has a place the table. Are we forgetting that Republicans have been attacking trial lawyers for decades. These are lawyers that defend consumers against trial lawyers hired by our insurance companies and hospitals. Ironically, those same consumers help pay for the oppositions attorneys through their premiums. What a system.
Preventable medical errors are estimated to cause 44,000 to 98,000 deaths a year.

The only solution to the problem is to stop killing up to 98,000 people a year. Then we'll have fewer lawsuits.

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