Herbert: Cooking Up a Crisis (Misinformation on Malpractice payments)

[RamboLiberal]

http://www.nytimes.com/2004/06/25/opinion/25HERB.html?adxnnl=1&adxnnlx=1088136112-+29Ug19QID5TgjpZMKOLLg&pagewanted=print&position=

If you hear something enough times from people in authority, you tend to believe it.

The tort reform zealots — including doctors, insurance company executives and legions of politicians across the country — have been hammering away at the idea that crackpot jury awards and lawsuits from undeserving patients are driving up the costs of health care and driving good doctors out of their profession.

"Junk and frivolous lawsuits" is the term of choice for President Bush, who told an audience in Youngstown, Ohio, last month that "junk and frivolous lawsuits discourage good docs from even practicing medicine in the first place."

<snip>

The A.M.A. has its crisis states marked in red on a map of the U.S. on its Web site. One of the red states is Missouri. But a press release in April from the Missouri Department of Insurance said, "Missouri medical malpractice claims, filed and paid, fell to all-time lows in 2003 while insurers enjoyed a cash-flow windfall."

Another red state on the A.M.A. map is New Jersey. Earlier this month, over the furious objections of physicians' representatives, a judge ordered the release of data showing how much was being paid out to satisfy malpractice claims. The judge's order was in response to a suit by The Bergen Record.

[The Backlash Cometh]

1. This is also getting taught at universities

The professors I've encountered were very pro-Tort Reform. Very biased and authoritative that this was the way to go.

[depakid]

7. Interesting- I've never met one

A few of my classmates (who are physicians) entertain this view from time to time, but once they step out of their narrow self interest and look at the actual data, they almost always recognize that the insurance privateers are going to increase their premiums no matter what.

Physicians, after all, are classic "rent seekers."

[whistle]

2. Boy I'll say, if doctors and HMOs get together and agree to deny...

...specific medications, treatments, medical procedures and tests that cause harm, injury or even death to a patient, who is to say what recourse patients have with these tort reforms enacted? Geeze, there will be two systems of medical care available in this country, one that uses real science for the privileged and wealthy class and the other using pseudo-science, quackery and even witchcraft (modern term holistic and alternative medicine) that does nothing to heal or cure. This will be a 100 year free ride for the neo-cons and the corporate aristocracy in this country.

[AmyDeLune]

5. Wait a minute...!

...and the other using pseudo-science, quackery and even witchcraft (modern term holistic and alternative medicine) that does nothing to heal or cure.

Much holistic and alternative medicine, whether you wish to call it witchcraft or not, has gradually (and grudgingly) been proved to be safe and effective. There are some things you'll probably always need to see a doctor for-- surgery and antibiotics, for example.

It was only a few years ago that the drug companies were lobbying to make holistic/herbal remedies "prescription only", along with vitamin supplements. They didn't include such things as all of those "take these pills and lose 10 pounds a day!" sort of rubbish, which is far more likely to harm the consumer than OD'ing on chamomile tea.

The fact is that a lot more people with just cause don't sue for malpractice (I know two people who certainly could have) because it's just more trauma than they need when trying to recover from an injury or illness. Most people would be happy just to have the doctor admit that they screwed up and to get their medical costs for said screw-up covered.

Now they won't even have the option to sue for that.

Of course, we with no insurance aren't really that important anyway, so we can just, well, die...! (black hole heavy sarcasm.:evilgrin: )

[newyawker99]

6. Hi AmyDeLune!!

Welcome to DU!! :toast:

[AmyDeLune]

8. Hi There!

...and thanks for the Welcome!:toast:

[Somawas]

3. Blaming jury awards

for malpractice premiums is now and always has been a load of crap. "Tort Reform" is nothing but ass kissing a bunch of docs who have been sold a bill of goods by malpractice carriers who regularly assfuck their insureds when they aren't making enough money in the stock market.

[struggle4progress]

4. "Tort reform" advocates have been pushing the same BS excuses ...

for the last twenty or thirty years. It gets debunked regularly. They take a deep breath and start spouting the BS again.