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Visit the Democrats of Greater TucsonFrameshop: Compensation Caps, aka Medical Malpractice Tort Reform
This is a rewrite of an earlier editorial length article on
the subject of ‘tort reform.’ In the prior version, I
stayed within the framing of those seeking to limit the liability of
doctors and insurers. By challenging the frame, I think the argument
becomes more powerful. The facts don’t struggle against the opposing frame, they
support the new one. Rhetorical figures become more powerful and invested with
clearer values. This is not however a complete reframing of the issue; it is only a negative frame. It creates an alternative way to view the opposing policy, but it does not create a solution. The packaging of the right way to approach medical malpractice policy awaits another day. That framing excercise is harder because the policy package is not simplistic – rather it is a complex package of reforms which is difficult to summarize. The reason I’m republishing this article, is a Harvard School of Public Health study of malpractice claims was just published that demonstrates very clearly that the problem of unmertiorious claims is vastly overstated, and is not addressed by arbitrary award caps. Also, I was adding some material to Utah Senate candidate Pete Ashdown’s wiki on health care, and was thinking about the issue of ‘tort reform’.
The medical malpractice (med-mal) insurance industry, some politicians, and even some misguided doctors, have of late been misleading the public about the efficacy of caps on med-mal awards, a.k.a. ‘tort reform,’ to contain healthcare costs. These people have generated a deluge of coordinated letters to editor and public relations events in Arizona recently. They are telling the public that med-mal awards are driving the high inflation rates in the health care sector we’ve seen over the past several years. But the truth is that their so-called ‘tort reform’ is just a free ride for insurers and incompetent doctors on the backs of seriously injured patients.
‘Tort Reform’ is really nothing more than arbitrary compensation caps protecting doctors who harm or kill their patients and the companies who insure them. Policy makers actually interested in reforming the torts process would advocate for ways to remove non-meritorious claims from the system, not for placing a strict limit on the compensation a jury can award to victims of malpractice. The cost of caring for a child paralyzed or otherwise disabled for a lifetime by malpractice can run into the millions, yet these so-called ‘reformers’ want to cap all awards at a low level, regardless of the facts of the case. That’s not justice, that’s risk management, and it’s not what our court system is based upon. Why is a legislator, who may be getting campaign contributions from the insurance industry, better qualified to put a price on a lifetime of pain than a fellow citizen who is disinterested but knows the facts of the case?
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HB2577 – Senate Coddles Illegal Employers, Cracks Down on Illegal Workers
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The Huerta – Garcia-Dugan Debate
There is a war between the GOP and the Democrats for the hearts and minds of Latino voters. One of the key battles of that war is the issue of undocumented immigration and that battle’s front lines are in Arizona.
I propose to take a closer look at an exchange of fire in that battle that has caught a considerable amount of press attention: the speeches at Tucson High of Dolores Huerta and Margaret Garcia-Dugan.
All that most people know about this controversy is that Huerta was invited to speak to students and said, “Republicans hate Latinos.” Following a firestorm of protest from Arizona Republicans, SPI Tom Horne arranged for his Deputy Superintendent, Ms. Garcia-Dugan, to present a rebuttal at Tucson High. From all the hoopla, you’d think this was practically the Lincoln-Douglas debate. But this was not fight between two evenly matched opponents, it was a rout from the very first shot.
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