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Readers' forum: Cap medical lawsuits
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The courtroom is an area where the defense attorneys for the health industry and the plaintiff's attorneys come together to argue their case. Often the health industry has deep pockets to wage their battle. Their resources often overwhelm the resources of the plaintiff.
Certainly the health industry wants to have a limit on what they have to pay. Like the auto and tobacco industry, they can put away just enough money to cover all the legal suits they know will be filed each year. Rather than improving the product, they just have another business expense. In this way, they can calculate executive oompensation and bonuses better.
So what is fair? If you are the victim of malpractice, negligence, or injury, what would you want to get your life back to some semblance of "normal"?
Since 1999;
The United States ranks 23rd in infant mortality, down from 12th in 1960 and 21st in 1990.
The United States ranks 21st in life expectancy for men down from 1st in 1945 and 17th in 1960.
Outcome studies on a variety of diseases, such as coronary artery disease, and renal failure show the United States to rank below Canada and a wide variety of industrialized nations"
As far as Universal Health Care being too expensive;
The United States spends at least 40% more per capita on health care than any other industrialized country with universal health care.
The costs of health care in Canada as a % of GNP, which were identical to the United States when Canada changed to a single payer, universal health care system in 1971, have increased at a rate much lower than the United States, despite the US economy being much stronger than Canada’s.
The quality of health care in the US has deteriorated in the current for profit managed care system.
Treatments should not be denied based on a corporation’s quest to save money.
The real cost is end-of-life care. I sometimes look at a patient's billing record--I spent a good portion of my day yesterday going over the billing record of an elderly lady, in poor health and in a nursing home, who spent three or four weeks in a hospital right before she died. Her bill for those weeks was well over $800,000. That's approaching a million bucks. And we're paying for it.
When we say "rationing" it always sounds ugly--but it needs to be done or we'll drive this country even more bankrupt.
Lawsuits can be costly, but compared to other costs, they're just a drop in the bucket.
Still think medical lawsuits should be capped?
Having a damage cap was supposed to reduce insurance rates for doctors by allowing insurers to better predict their potential losses. But depending on their specialty and the insurer involved, doctors in Ohio saw rate increases ranging from 10 percent to 87 percent or more in 2003 and 2004.
A better solution would be to require the losing party to pay the legal expenses of the winner. This is done in every industrialized nation in the world except the U.S.. If someone files a frivilous lawsuit and they lose, they have to pay the legal costs of the person they sued. That should reduce, significantly, the number of lawsuits filed. But the evidence in Ohio proves that insurance companies might still charge exhorbitant fees.
The award amount should be enough to take care of the injured party, including replacing his/her salary if necessary for a reasonable amount of time.
My brother-in-law has his own medical practice, handling many patients and employing several doctors. His malpractice insurance (after having zero lawsuits over the last 15 years) costs him a third of his billable receipts. That is just wrong.
Tort reform is a red herring of the right. Medical malpractice payouts are less than one percent of total U.S. health care costs. All “losses” (verdicts, settlements, legal fees, etc.) have stayed under one percent for the last 18 years.The Congressional Budget Office found that “Malpractice costs account for less than 2 percent of [health care] spending.” Congressional Budget Office, Limiting Tort Liability for Medical Malpractice 1, 6 (Jan. 8, 2004). Surely those who have been severely damaged by medical malpractice have a right to appropriate compensation.
Lastly, the number I heard was that malpractice lawsuits added 1% to medical costs, hardly a figure that would resolve health care costs.
Canada has caps on malpractice suits. And you know what? The average payout in Canada is higher than the US. The average payout in malpractice suit is around $250,000.
Tort reform will do nothing to controll costs. The rise of malpratice premiums are not even in the top 5 factors that are at the crux of the problem.
Look at the scoring, that tells a better picture. If the US was 100th on a list of 100 countries for ice-cream production, does that the US ice-cream production is failing and must be replaced? Now, if you know that the ice-cream production ranking was based on million of gallons produced, and the best produced 1.2 million gallons, and the worst produced 1.19 million gallons, does that make a difference?
As for the infant mortality rates, you do realize that the US counts anything with a pulse, and countries like france only cout it if it meets a minimum length and weight. So, using infant mortality is a faulty premise.
Or did he? The health care individual’s income, profits and livelihood depends on sick or injured people. When a person is cured, the doctor loses an income source.
Like the capitalist, the health care provider must oppose any force that threatens his income and happiness. He would much rather operate in total freedom without the concerns of being careful, legal and honest.
The health care industry is just like any other industry. People are there for the purpose of making a living. What we do there should be the same for all other industries.
And if we remove the avenue to justice through the courts, we need to make medical accidents a felony crime
Yes, malpractice lawsuits SHOULD be limited, and yes, it is a good idea to make the loser pay the cost of the lawsuit.
For all those who say that it WON'T make ANY difference in insurance, and/or medical costs, why not try it? Its just ONE MORE THING that is worth a try to keep healthcare costs down!
If Congress is going to pass their healthcare reform package, they MUST find a way to make it palatable to MORE Americans!
I ask this because you said "The health care industry is just like any other industry. People are there for the purpose of making a living. What we do there should be the same for all other industries." If I take that and extrapolate it out, then you are either proposing that government take over all businesses (that is what the government system would eventually do) or you are proposing that government stay out of healthcare.
Which are you promoting?
But if you're proposing a cap to medical lawsuits, then of course we should do what other countries are doing.
A bit steep? Just name 3.
Still too rough? Just cite one outrageous medical settlement in Salt Lake County this year.
I don't doubt that sometimes there is an outrageous settlement. I don't believe it is the main cause of spiraling medical costs.
George W. Bush's hostility to lawyers may be the result of being denied admission to the University of Texas School of Law. Since he could not be one of them, he maintained a bitterness that serve him in his political career. Then he was able to use family connections to gain admittance to the Harvard Business School.
The point of all this is that conservatives don't like lawyers until they need one. Tort reform, as envisioned by those involved in the industries that are at risk, is strongly sought after unless the same people have need of an attorney's services.
Will it happen? Not likely. That would be like CEOs getting paid what they are worth, term limits & campaign finance reform. Not going to happen in our lifetime.
"...infant mortality is a faulty premise...".
Not if your infant died at the hands of a quack.
The sad fact also is that 62% of the bankruptcies are filed because of medical problems. 75% of those filing for medical bankruptcy had health insurance at the time they became sick or injured.
All of this creates a very litigious environment where you better take what you can, when you can, because it is very likely that it will be required of you when you really need it.
Here is a key point "Infant mortality in developed countries is not about healthy babies dying of treatable conditions as in the past. Most of the infants we lose today are born critically ill, and 40 percent die within the first day of life. The major causes are low birth weight and prematurity, and congenital malformations."
So, it isn't about healty babies dying "at the hands of a quack". It is about counting unhealthy babies at birth, and deciding what counts as a live birth and what does not.
The current for profit healthcare system is unethical and just about as ridicules as a for profit police or fire department would be if privatized.
Imagine getting the following responses from police and fire department.
"You didnt pay your premiums so we cannot help you with the crime (Fire, Rape, Robbery, Shooting etc) being committed."
"Please pay your premium in the future and maybe we will help you in the future if you survive this one."
"Sorry this is not a public problem but a private problem because it is happening at your home."
"Sorry, Our police captain and his officers didnt make enough bonuses this month."
"It looks like you dont make enough money for us to help you."
"Have you used the freedom of filing for bankruptcy"
The current for Profit Healthcare System is built on all these excuses.
The quality of health care in the US has deteriorated under the privatized for profit system.
Treatments should not be denied because of a corporations quest for profits.
The Healthcare industry should be a nonprofit industry.
A public government healthcare option is needed to control costs and give the people choice.
Now, to relate this to a common disease. You are more likely to have diabetes (57 million people in the US have type 1 or 2 diabetes) than you are to file for bankruptcy.
You are more likely to be considered obese (72 million in the US) than to declare bankruptcy.
In the US 237 million people are on dialisys, so you are more likely to need dialisys than declare bankruptcy.
13.6% of teen age girls get pregnant, which is more likely than filing for bankruptcy based on medical bills.
There are approximately 6 million car accidents every year, which means you are about 6 times more likely to get in a car accident than file for bankruptcy.
I hope you get my point. To radically change the healthcare system based on less than 1% of the population is insane. There are diseases and problems that effect more people.
all those ratings are based on SOCIALISTIC CRITERIA,
and created by people with a socialist agenda,
and each country gathers stats according to their own whims,
and so, are NOT an actual OBJECTIVE evaluation of health care itself.
so you LIBERALS can cling to your meaningless socialistic ratings.
I thing I do KNOW is I rather get care here than anywhere else,
cost problems can be fixed,
government involvement not so easily.
MOST socialistx love their system because they BELIEVE it is free, people love freebies, and easy to use,
but NONE care much for the actual quality.
we smoke too much
we eat too much
we have poor diets
we exercise too little
we engage in unsafe sex
we abuse drugs (legal and illegal)
we are too violent
we drink too much
too many of us clog too few roadways
regardless of the quality of the care provided, these factors make the end results less than they could be. Using a mathematical example, if lifestyle and healthcare were rated on scales of 1-10, with 10 being highest, "9" healthcare with a "3" lifestyle (9X3=27) won't beat other developed countries with better lifestyles (6X5=30, or 7X4=28) you need to consider all factors when looking at our health, not just the quality of the care.
Those of you stating tort claims are a very small percentage are ignoring the cost of successful defenses and defensive medicine, you're not looking at the whole picture. Tort reform is not the end-all be-all, but is an important component.
More than 60% of all verdict amounts go to the plantiff lawyers. The "injured" gets what is left over. Why should an attorney hit the lottery when a "bad event" occurs. If they really cared about their clients they would reduce their fees and share more with those who really need it.
Just remember this low morale reality of your doctors. There are fewer neurosurgeons/OBs practicing now than 5 years ago. The #1 reason: rising premiums (scientific data). They are not easy to replace!
They are scared of ever having to make a meager living like the rest of us.
It's very hard to get a lawyer to take a case allready. You have to have very serious damages and the legal damages have to add up. If you die they very inhumanely figure out what you would have made during the rest of your expected lifetime.
If Doctors would self regulate and reduce errors that would be the correct solution - not reducing the compensation for damamges. That's just a back-end added cost of healthcare for those injured by it.
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