All across the nation, states are pushing cases that challenge the sanity of tort reform laws. In states where tort reform has been enacted, cases are making their way up through to that state’s Supreme Court, complaining that the law against maximum awards (caps) on pain and suffering are either insufficient, or shouldn’t exist at all. Some judges seem to side with the plaintiffs — not because they think the plaintiffs are necessarily getting an unfair verdict, but because they don’t like laws that limit their autonomy. Some might claim this is legislating from the bench as well. In the bigger picture, the awards themselves aren’t what’s putting a stranglehold on the medical profession. In a practical world, then, why should we care?
Healthcare Reform
Limited Access To Care Looms Large. What Can Be Done?
The Demise of the General Practitioner Is Caused by Frivolous Medical Malpractice Suits & Defensive Medicine.
It seems that two opposites are drawing down. On one hand, we have the physicians, struggling to be able to continue to heal for a living. On the other, we have the insurance companies and politicians wrangling and writing about, under increasing heat to make health care something like sanely affordable for people to be healthy, yet looking to cut corners at every turn. The government (which theoretically should be We The People) seems dead set on including physicians’ reimbursements as part of those “cut corners”. It’s hard to fathom how all of these groups expect a doctor to accept a reduction on a rate that is already obscenely below standard; already at or below the cost of providing services in the first place. Then we have the patients, themselves struggling with systems that seem unnecessarily complex and uncaring, yet needing the services that only a doctor can provide. And those healers themselves? They’re the ones caught in the middle.
Expert Testimony for Medical Malpractice Suits In Doubt
Hindsight may very well be 20:20. That fact is at the core of a study that presents very persuasive data to show that the use of Expert Testimony is inherently flawed. The study, which appears in the August issue of the American Journal of Roentgenology, demonstrates that knowing the outcome of the case makes it all too easy for these paid Experts to opine that statement which endorses what the plaintiff’s attorney wants that witness to say. But the study shows that at least 30 of 31 experts’ opinions would have been exactly the same as the doctor being sued — if only they were blind to the outcome at the time.
HealthCare Reform – Proof is in the Pudding
“The proof is in the pudding” is proving to be more than just a convenient expression when it comes to heathcare reform. When we entered the current administration’s tenure, many were hopeful that the changes to come would be good, productive improvements. So far, though, it’s not looking good for the Gipper. The new “reform” package continues to stumble about blindly, amidst considerably challenges that suggest the entire thing may be scrapped as unConstitutional. Even status quo aspects like paying physicians a reduced fee for their services to Medicare and Medicaid patients are no longer maintained. The promise to those people who have paid into the program is not being kept. As of a couple months ago, the recurring extensions of funding stopped, leaving physicians high and dry and lacking 21% of what was already a substandard sum. This is causing Access To Care problems, and is nearly certain to get worse. When the American people voted in this President and accompanying Congress, it’s certain that they did so expecting functional solutions. So far, though, the Pudding is quite thin, at least a bit sour, and doesn’t begin to satisfy the needs of the people it was supposed to assist.
AMA Report: Lawsuits Are Frequent; Really Frequent
The American Medical Association released a report surveying over 5,000 doctors between 2007 and 2008. The result: An average of 95 claims were filed for every 100 physicians. That’s an average of almost one per physicians. Just under 50 percent were sued at some point in their career. 20% were sued two or more times.
And the doctor’s specialty determined the career suit rate:
Tort Reform and the Rain Forest; Lawyers’ Advice Needed
A great post from our friend MD Whistleblower Tort Reform and the Rain Forest; Lawyers’ Advice Needed Hate to see the rebuttal witnesses!!
BREAKING NEWS: 6-Month Medicaid Funding Extension in Senate
The U.S. Senate passed a six-month extension of Medicaid funding by a vote of 61-38. That’s the good news. But the picture is anything but rosy, and there are no clear skies ahead. This result is only a progression towards funding approval – and that was only possible because Republicans Susan Collins and Olympia Snowe joined with all the Democrats to provide the minimum 60 votes necessary. Did that pass the bill in Senate? Nope. That’s just what it takes to move it to the Debate stage.
What exactly is being debated? Well, first off, the bill isn’t all about Medicaid. Education and other aspects are also bundled in. The complexity of the legislation seems to be part of the hold-up. Senate’s current form of proposed legislation would taper off the Federal involvement in supporting the states, which currently includes a 6.2% bonus to the state governments. This bill proposes cutting that to 3.2% during the first quarter of 2011, and then drop it by 1.2% more in June of 2011* (see Update at the end of this piece).
HealthCare Reform Coming Home To Roost
It didn’t take long. The health insurance companies didn’t wait before looking for ways to cut corners at the patient and doctors’ expense. Remember the campaign promises that the government wouldn’t tell you what physician you can see… and that’s true. The government won’t be doing it. Your insurance company will.
The first round? Lower premiums are being offered to companies that will accept specific physicians — and only those doctors — for their employees’ care. Been with your family doctor for a decade or more, know and trust him? Too bad. Unless he’s on that little list, you’ll be dealing with your choice of those doctors the insurance company has approved. By what criteria? It doesn’t take much to figure out we’re talking about the least-common-denominator; Whichever physicians are willing to work for whatever peanuts the insurance company is willing to pay.
A World Without Frivolous Lawsuits
That’s the dream of many people these days, professionals, their patients and clients alike — a world without frivolous lawsuits. A world where trial lawyers don’t exaggerate or fabricate cases in order to harass good people out of their hard-earned money. A world where a dedicated professional who is doing the right thing to the best of his abilities and in accordance with standard professional practices is not a target for some lazy opportunist. What would such a world be like? Let’s have a look:
Your doctor would spend his time and energy with you, on you and your needs ENTIRELY, instead of covering his backside, dotting I’s and crossing T’s. What’s more, he’ll be better rested, have a more pleasant bedside manner, because he won’t be up half the night worrying about when the next ingrate is going to try to take his life’s work away from him on a jackpot lawsuit.
Defensive Medicine: Real and Expensive! Here’s the Solution!
The Archives of Internal Medicine recently published an article, “Physician’s Views on Defensive Medicine: A National Survey.” The results were clear and conclusive. Doctors decidedly do order tests which are not medically necessary in order to protect themselves from frivolous lawsuits… and the public pays for them, a part of the cost of receiving healthcare. In order to narrow results down to something conclusive and useful, the doctors surveyed were asked to respond to two statements, shown below. The first proves that 91% of all physicians surveyed order those extra tests and procedures to protect themselves. The second demonstrates that the considered opinion of the doctors surveyed is that they will not stop practicing defensive medicine until they are protected against unwarranted litigation by other means (such as Tort Reform.) There may be no shockers for anyone in the medical community there, and it’s certainly not a new conclusion, but this is current and conclusive information to support the desperate need for Tort Reform as soon as possible.
Here are the statements which physicians were asked to respond to:
