Healthcare Reform - Medical Justice

Breaking News

August 15, 2024February 4, 2010 by Jeffrey Segal, MD, JD

The Illinois Supreme Court just overturned damage caps and other medical malpractice reforms adopted in a 2005 reform law.

Follow The Money – Medical Justice Is Still Your Best Bet

August 15, 2024January 21, 2010 by Jeffrey Segal, MD, JD

By now most of you know that Brown won Kennedy’s seat, so the Democrats can’t avoid a filibuster anymore. In the aftermath of this election, there will be a lot of speculation as to whether health care reform is dead in the water. What’s clear is that the last year has been largely wasted. Even today, Pelosi’s House won’t pass the Senate bill (and visa versa.) Perhaps they’ll come together to accept a bill that gives everyone who has a seat at the table some of what they want. But that table still consists of just two sides: Democrats and Republicans. Health Care providers aren’t seated, and most of the world isn’t even allowed to listen in on the conversations.

If Senator-elect Brown wants to walk the talk, perhaps he can push to provide us with transparency by keeping us all informed of what’s really going on. Maybe the new Massachusetts senator can make the rest of the legislature open the doors and let us in on what they’re doing for us, with our money and in our names. Brown ran as a Republican, but spoke as an Independent in his acceptance speech. That would be a pleasant change — someone who votes on the merit of the item, rather than by party line.

Will Scott Brown’s Win Push Democrat’s Health Care Reform Bill Through?

August 15, 2024January 20, 2010 by Jeffrey Segal, MD, JD

Last night, Scott Brown (R, MA) won the election to take the Lion of the Senate’s seat, making it theoretically possible for the Republicans to stage a filibuster. Considering how ill-formed the current Congressional Health Care Reform bills are, and how outspoken the new Senator has been in his opposition to that poor legislation, it’s clear that he and his fellow Republicans will do everything they can to stop the current bills from arriving at President Obama’s desk for signature. Hurray!? Uhm, no. It’s still about two weeks too soon to be cheering.

Some Democratic leaders have hinted that they’ll try to push through their hodgepodge legislation; that they’re bound and determined to “win” by getting healthcare reform enacted. Those who feel the current health care bill is a bad idea are hoping that Scott Brown’s win will save the day, keeping that misbegotten alleged health care reform bill from being crammed down their throats.

The reality? That hope may not be the likely result.

Fearing Filibuster, Democrats Try To Push Through Half-Baked Bill

August 15, 2024January 19, 2010 by Jeffrey Segal, MD, JD

The Healthcare Reform Bill That Never Was

It has been announced that the Democratic Congress is trying to push through their unfinished and unmerged concepts of what they call healthcare reform, even though neither of the bills is complete and proper melding of the two is a long ways off. Why? Because there’s a good chance that a Republican will take over Kennedy’s seat, allowing for a filibuster. Seems like a reasonable strategy for a politician, but what would it do for We The People?

What it would do is worse than doing nothing. Though they’ve had a year to pull it together, this haphazard set of political concessions lacks a unifying vision, a comprehensive functional approach. Even now, the House and Senate bills are incompatible. To jot down something, cut and paste all that rhetoric into one bill and force it through (and down the constituents’ throats) instead of allowing the Republicans the opportunity to have their say in the matter (whether by filibuster or otherwise) is just petty politics and ought to be beneath men and women of integrity.

But why is it worse than nothing? Glad you asked. Most people don’t yet realize it, but the taxes will be imposed upon the people immediately, even though the benefits of the bill won’t kick in for a minimum of three years. Yep. We’d be paying for this half-baked brain-flop and still be on our own with the status quo for three (and most likely several more) years. It’s nothing short of childish to push an unfinished bill through just so the other side of The Aisle can’t participate in what some still jokingly refer to as the Democratic Process.

Calling Out Burris; Senator Roland Burris Offers Weak and Inaccurate Excuses In Lieu of Tort Reforms

August 15, 2024January 14, 2010 by Jeffrey Segal, MD, JD

One would think a junior Senator who was appointed by an ousted Governor to take President Obama’s vacated seat would realize that he needs to be a quick study and know what he’s talking about — especially since he’s made four unsuccessful bids at being voted into public office. One would think that the subject of Tort Reform would be on the mind of one of the two senators to represent a state as influential as Illinois. One would think Senator Burris would be able to get the material facts straight. Unfortunately, though he’s one of the 100 votes, it would seem the appointed incumbent remains largely and disappointingly clueless on the subject of Tort Reform, an essential aspect of Health care Reform.

I wrote Senator Burris as a private citizen, expressing my concerns about the upcoming Health Care Reform vote, and the need for Tort Reform within that legislation. His reply is decidedly lacking in substance:

“Medical malpractice lawsuits serve as an important method of recouping lost income, medical expenses, and restitution for pain and suffering in cases where a physician, hospital, or other health provider acts negligently. A person who suffers debilitating injury, due to misconduct, deserves an avenue to seek justice. Our great legal tradition dictates that a jury of peers makes determinations of this kind.”

No one would argue against the idea that a patient who was actually injured by negligence should be compensated. Unfortunately, the Senator is suggesting that this is a binary issue; Burris is essentially saying that we must either allow no law suits at all, or allow any fool with filing fees to sue anyone at any time without cause. No one is suggesting that we abolish all avenues to seek justice. What we are saying is that the system itself should be just; and not impose unnecessary and unfair burdens upon doctors and other health care professionals. What the senator chooses to ignore is that the current system is largely open season on doctors, and anyone and everyone gets to take a pot-shot at them, in hopes of hitting a jackpot. We’re not trying to get rid of all lawsuits against physicians, just working towards improving the system so that it is more honest and fair, so that doctors don’t have to stop everything and spend small fortunes to defend against every greedy jackpot lawyer in the country. That’s why we call it tort REFORM, Senator, not prohibition.

CBO Advises Congress: Tort Reforms Would Save $54 Billion!

August 15, 2024January 9, 2010 by Jeffrey Segal, MD, JD

The Congressional Budget Office has spoken: Tort Reforms would lower costs for heath care and would not create an increased risk to patient health. In fact, they’d lower costs and increase revenues. How much? About $54 billion over the next 10 years!

Where would the $54 billion come from? Not all of it would come out of the pockets of the unscrupulous Medical Malpractice plaintiffs. A good share of that money would be from reducing defensive medicine and lowering Medical Malpractice Insurance premiums. The simple fact is that frivolous lawsuits, (or more accurately, the costs of defending against them,) are sapping this country’s thin resources. So why aren’t our legislators fighting back?

Here’s an excerpt from the letter, which can be read in its entirety at http://www.cbo.gov/ftpdocs/108xx/doc10872/12-29-Tort_Reform-Braley.pdf:

“Studies by Kessler and McClellan, and by Sloan and Shadle found that state tort reforms had no significant effects on health. Similarly, a study by Baicker, Fisher, and Chandra found that there was no significant association between mortality and malpractice costs.”

Did Ya Ever Hear The One About The Doctor Who Sued The Patient?

August 15, 2024January 8, 2010 by Jeffrey Segal, MD, JD

Sounds like the opening line of a joke, doesn’t it?

But what’s the punch line?

There isn’t one. It just doesn’t happen. At least it didn’t used to. Doctors have always been far more compassionate than their patients in that regard. But with the way things are going with Healthcare Reform, you can count on things being different. If tort reform isn’t included, the doctors will be left with no choice but to fight back, or find a different profession.

Everyone would be better off if a different future were to unfold:

A lawyer calls the plumber because a faucet in his bathroom is leaking. The plumber arrives, carrying a box of tools under his arm. Twenty minutes later, the leak is fixed, and the plumber presents the attorney with his bill.

“Two hundred dollars!” the attorney exclaims, “I’m a medical malpractice lawyer, and I don’t make that kind of money!”

“Neither did I,” the plumber replies, “when I was a medical malpractice attorney.”

Physicians’ Trysts with Patients: Yes, It’s Common

August 15, 2024January 6, 2010 by Jeffrey Segal, MD, JD

This summer, Sansone and Sansone published Crossing the Line: Sexual Boundary Violations by Physicians in Psychiatry (Edgemont) 2009(6): 45-48. They reviewed public Board actions against doctors for such violations. They also reviewed studies of questionnaires sent directly to doctors. Not much had previously been written on the topic. Regarding Board actions: Sansone focused on a … Read more

Senate’s Ugly Christmas Present; The Frankenstein Healthcare Reform

August 15, 2024December 24, 2009 by Jeffrey Segal, MD, JD

The U.S. Senate is very busy congratulating itself, slapping each other on the back for the Christmas present that they rushed through to give this nation. Let’s go ahead and open that gift. The little tag says:

TO: The American People
FROM: Your Elected Representatives

Let’s have a look at what they bought us with our money. The gift wrap says “Health Care Reform” all over it. But as I peel back the wrapping paper, the box underneath looks like it might be a science kit. How exciting! I expected something like another purple and green necktie. Look at this!

Wait, it’s actually two boxes! Double score? No, we still have to put them together.

Opening the box, I find we still don’t really know what all is in there. Tons of little parts, nuts and bolts and widgets and gadgets. Nebraska gets free Medicare increases in perpetuity, for example. And what’s this? Looks like the insurance companies can’t “discriminate” against pre-existing conditions by charging more. Wonder how that will fit in. Most likely, they charge more for EVERYONE, so that the pre-existing conditions aren’t being singled out; We’ll all be equally overcharged. Hrm… I could be mistaken, but it looks like something crucial is missing: Where is the Tort Reform? How can we possibly have Healthcare Reform without stopping greedy individuals from mercilessly badgering the healthcare providers?

Court Says Don’t Sleep With Your Patient

August 15, 2024December 14, 2009 by Jeffrey Segal, MD, JD

This is one case you’d prefer not to have to defend in court.

In Thierfelder v. Wolfert, Pennsylvania Supreme Court answered the question of whether medical malpractice occurs when a doctor has an extramarital sexual affair with a patient he is treating for anxiety and depression. A little background.

David and Joanne Thierfelder, husband and wife, were both treated by Dr. Wolfert. Dr. Wolfert prescribed Joanne different medications for her depression and anxiety. While still being treated by Dr. Wolfert, Joanne confessed strong feelings for her doctor. This happens. Dr. Wolfert and Joanne soon began a consensual sexual relationship. No one told David, Joanne’s husband. At least not for a while.

+ More