Health Care Reform

[mklsgl]

AP Poll: Support for curbs on malpractice lawsuits

WASHINGTON — Most Americans want Congress to deal with malpractice lawsuits driving up the cost of medical care, says an Associated Press poll.

Yet Democrats are reluctant to press forward on an issue that would upset a valuable political constituency — trial lawyers — even if President Barack Obama says he's open to changes.

The AP poll found that 54 percent of Americans favor making it harder to sue doctors and hospitals for mistakes taking care of patients, while 32 percent are opposed. The rest are undecided or don't know. Support for limits on malpractice lawsuits cuts across political lines, with 58 percent of independents and 61 percent of Republicans in favor. Democrats are more divided. Still, 47 percent said they favor making it harder to sue, while 37 percent are opposed.

The survey was conducted by Stanford University with the nonprofit Robert Wood Johnson Foundation.

Limits on jury awards in malpractice cases could reduce the federal deficit by $54 billion over 10 years, says the Congressional Budget Office, because doctors caring for Medicare and Medicaid patients would order up fewer tests to guard against being sued. "In this country, there are just too many people who are just out for a quick buck," said Christine Vasquez, 67, a retiree from Clarkston, Mich. "I think our insurance costs would go way down if (doctors) didn't have to be so scared to be sued all the time."

In the poll, 59 percent said they thought at least half the tests doctors order are unnecessary, ordered only because of fear of lawsuits.

The issue pits two of the most powerful lobbies in Washington against each other: doctors and trial lawyers.

Doctors complain that fear of frivolous lawsuits prompts them to practice defensive medicine, running up costs. They say malpractice insurance premiums are so high in parts of the country that some doctors avoid certain areas, even relocate.

Lawyers argue that limits on lawsuits infringe on the constitutional right of each citizen to have his or her day in court. And they point out that 44,000 to 98,000 people die in hospitals each year as a result of medical errors — from misdiagnosis to getting the wrong medication — a glaring problem for a country that prides itself on the world's most advanced medical care.

The poll suggests that patients see medical errors as fairly common. Twelve percent of those who'd been in the hospital in the past five years — and 10 percent of those who'd been to the doctor in that time period — said they thought there had been a mistake in their treatment. People were more forgiving of errors in the doctor's office than in hospitals.

Read the full article here

This is a good example of much-needed reform. I know it's not as critical in some states as it is in others because certain states have laws concerning frivolous court action, others have laws which establish maximum penalties, and some have differing insurance regulations.

My own personal experience with medical malpractice starts with one of my oldest and dearest friends who is an attorney representing doctors in malpractice suits and centers upon the death of my father who died of complications stemming from being given the wrong anesthesia. I dislike the use of personal stories when addressing a topic but I think my particular experience here resonates to a certain aspect of the issue at hand. I'll spare you the story and be brief. All I wanted was a detailed account of 'what happened,' an admission that a mistake was made, and a sincere apology from the person/people who was/were at fault. What I didn't want was their money--and that's all they were willing to offer.

[AROCES]

This is what we need to address Health Care instead of a massive government program.

Kind of like education, we pour billions on it and we have the same pieces intact that made it fail in the first place.

Edited November 19, 2009 by AROCES

[mklsgl]

This is what we need to address Health Care instead of a massive government program.

Kind of like education, we pour billions on it and we have the same pieces intact that made it fail in the first place.

But the private sector is thriving under the 'status quo.'

[AROCES]

But the private sector is thriving under the 'status quo.'

So? Are you part of the private sectors or the government?

Where does the government depend on, the private sectors, right?

[Startraveler]

Limits on jury awards in malpractice cases could reduce the federal deficit by $54 billion over 10 years, says the Congressional Budget Office, because doctors caring for Medicare and Medicaid patients would order up fewer tests to guard against being sued. "In this country, there are just too many people who are just out for a quick buck," said Christine Vasquez, 67, a retiree from Clarkston, Mich. "I think our insurance costs would go way down if (doctors) didn't have to be so scared to be sued all the time."

In the poll, 59 percent said they thought at least half the tests doctors order are unnecessary, ordered only because of fear of lawsuits.

Our system operates largely on a fee-for-service principle: the more tests these doctors do, the more they make. So pretending that fear of getting sued is the only incentive to do unnecessary tests is dishonest. Even if we completely outlawed suing any physician for any reason, there would still be a very powerful incentive to offer unnecessary tests and procedures: namely, that doing so brings in additional money.

That isn't to say that some sort of malpractice reform couldn't have benefits; but it's a nuanced issue because the civil litigation system is your last line of defense when you've been harmed by someone like a negligent doctor, etc. To some extent, doctors should be on their toes when taking risks with others' lives. But, of course, at the same time we want to limit the upward pressure on prices and consumption of medical resources. It's a tough balancing act. Which is why, at least for now, this is better left to state laboratories to determine what works best for them.

[+Sherapy]

Our system operates largely on a fee-for-service principle: the more tests these doctors do, the more they make. So pretending that fear of getting sued is the only incentive to do unnecessary tests is dishonest. Even if we completely outlawed suing any physician for any reason, there would still be a very powerful incentive to offer unnecessary tests and procedures: namely, that doing so brings in additional money.

That isn't to say that some sort of malpractice reform couldn't have benefits; but it's a nuanced issue because the civil litigation system is your last line of defense when you've been harmed by someone like a negligent doctor, etc. To some extent, doctors should be on their toes when taking risks with others' lives. But, of course, at the same time we want to limit the upward pressure on prices and consumption of medical resources. It's a tough balancing act. Which is why, at least for now, this is better left to state laboratories to determine what works best for them.

I can understand why they would be nervous about malpractice as they are practicing medicine on us and the error rate is high, just based on my own experiences and others that I have known personally................

In my 20's, I woke up with a debilitating back pain I couldn't move..after 7 months of well you have kidney stones, you have cysts on your ovaries, getting cortisone shots, on pain pills and muscle relaxers etc. etc. being told you have this. no we think you have that ..... the tests went on and on, which eventually landed me in a surgeons office looking at back major back surgery at 23 ..

fortunately for me the doctor that saw me, handed me a business card of a masseuse, told me to call her first and if I didn't get out of pain come back...long and boring story later .... I did, it cost me 35 dollars, this little itty bitty chick of no more than 90 pounds, showed up with her massage table and magic hands ....in my hair salon at the time and in one hour fixed me, I had popped my lower back out in my sleep and that was causing me all the pain.....

She suggested I do yoga and I have ever since and have not had another back issue to this day........

[AROCES]

I can understand why they would be nervous about malpractice as they are practicing medicine on us and the error rate is high, just based on my own experiences and others that I have known personally................

In my 20's, I woke up with a debilitating back pain I couldn't move..after 7 months of well you have kidney stones, you have cysts on your ovaries, getting cortisone shots, on pain pills and muscle relaxers etc. etc. being told you have this. no we think you have that ..... the tests went on and on, which eventually landed me in a surgeons office looking at back major back surgery at 23 ..

fortunately for me the doctor that saw me, handed me a business card of a masseuse, told me to call her first and if I didn't get out of pain come back...long and boring story later .... I did, it cost me 35 dollars, this little itty bitty chick of no more than 90 pounds, showed up with her massage table and magic hands ....in my hair salon at the time and in one hour fixed me, I had popped my lower back out in my sleep and that was causing me all the pain.....

She suggested I do yoga and I have ever since and have not had another back issue to this day........

Medical Practice is not doing miracles and has not reach and may never reach a 100% accuracy and treatment.

Like mechanics, sometimes the best mechanic cant figure out what is wrong with a car so they test and keep replacing parts until they figure it out.

Why do we need to punish a Dr. with the intention of crippling them severely for an error that is unintentional or simply a mistake?

[ninjadude]

Medical Practice is not doing miracles and has not reach and may never reach a 100% accuracy and treatment.

Like mechanics, sometimes the best mechanic cant figure out what is wrong with a car so they test and keep replacing parts until they figure it out.

Why do we need to punish a Dr. with the intention of crippling them severely for an error that is unintentional or simply a mistake?

You're right. But lawsuits are never about "simple" mistakes. You can't sue successfully for that. Malpractice is about cutting off the wrong leg or removing the wrong organ. Things that result in major problems or death of the patient and were known and preventable. Knowingly misprescribing a dangerous drug - (Michael Jackson). Stuff like that. In Malpractice another doctor must get on the witness stand and say that what the other one did was wrong. Doctors are very very reluctant to do that unless something major wrong was done - like death or amputation. I have first hand knowledge of this.

[AROCES]

You're right. But lawsuits are never about "simple" mistakes. You can't sue successfully for that. Malpractice is about cutting off the wrong leg or removing the wrong organ. Things that result in major problems or death of the patient and were known and preventable. Knowingly misprescribing a dangerous drug - (Michael Jackson). Stuff like that. In Malpractice another doctor must get on the witness stand and say that what the other one did was wrong. Doctors are very very reluctant to do that unless something major wrong was done - like death or amputation. I have first hand knowledge of this.

Then you do know Dr. pay about 100K in premiums to cover themselves from lawsuits.

And we wonder why Health Care is expensive? And the Democrat solution is pour in Billions on it and keep the very reason the cost is high intact.

As you can see, you simply cant have it all and keep blaming profit as the sole reason. Public option wont work, it will only cripple everyone and soon everyone will be calling again for reform and no one will talk about Dr. who are by then paying 200K for insurance coverage, the red tapes that keeps R&D expensive, medical workers ever demand for more pay and so forth.

[danielost]

You're right. But lawsuits are never about "simple" mistakes. You can't sue successfully for that. Malpractice is about cutting off the wrong leg or removing the wrong organ. Things that result in major problems or death of the patient and were known and preventable. Knowingly misprescribing a dangerous drug - (Michael Jackson). Stuff like that. In Malpractice another doctor must get on the witness stand and say that what the other one did was wrong. Doctors are very very reluctant to do that unless something major wrong was done - like death or amputation. I have first hand knowledge of this.

haven't you heard that doctor is being charged with first degree murder.

[ninjadude]

Then you do know Dr. pay about 100K in premiums to cover themselves from lawsuits.

And we wonder why Health Care is expensive? And the Democrat solution is pour in Billions on it and keep the very reason the cost is high intact.

As you can see, you simply cant have it all and keep blaming profit as the sole reason. Public option wont work, it will only cripple everyone and soon everyone will be calling again for reform and no one will talk about Dr. who are by then paying 200K for insurance coverage, the red tapes that keeps R&D expensive, medical workers ever demand for more pay and so forth.

1) the government is not pouring billions on "health care". Have you actually read anything about health care reform? or is it just a name thing with you?

2) By claiming an optional public insurance company won't work, you're asserting that insurance companies don't work now.

3) do you have any credible source that malpractice insurance will double?