GOP Medical Malpractice Myths

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Posted by azBlueMeanie:

Jon Perr at crooksandliars.com has an exceptional post that I will reproduce here. Republican Malpractice Myths Arizona's Senator Obstruction, Jon Kyl, figures prominently in purveying these myths lies.

In recent days, Republican leaders have scored a series of political victories in their eternal quest for tort reform. Last week, the Congressional Budget Office (CBO) told Senator Orrin Hatch (R-UT) that an onerous package of malpractice curbs he championed could save the government an estimated $54 billion over 10 years. [Sen. Jon Kyl had made up a number, $100-200 billion]. That came on the heels of President Obama's latest offer to support limited tort reform as an olive branch to recalcitrant Republicans balking at his health care proposals, including funding for a $25 million pilot program.

But largely overlooked in the heated discussions of damage award caps, special health courts, expert panels and national compensation schedules is the inescapable truth that the medical malpractice system has only a negligible impact on overall American health care costs. Republican horror stories of a torrent of baseless malpractice suits producing "jackpot justice" that fuels rising premiums for physicians and patients alike while driving doctors from practice simply don't comport with reality. The overstated, overblown, over the top and often outright false GOP claims suggest that the Republicans' real target is not the flawed American malpractice system, but instead the nation's trial lawyers whose campaign contributions help bankroll the Democratic Party.

Here, then, is a look at Republican Malpractice Myths:

  1. An Explosion of Malpractice Litigation
  2. A System Plagued by Frivolous Lawsuits
  3. Rising Damage Awards Key to Higher Malpractice Premiums
  4. Rising Malpractice Insurance Rates Driving Doctors from Practice
  5. Medical Malpractice Reform Would Save U.S. $200 Billion Annually
  6. Defensive Medicine Costs $200 Billion a Year

For the details and data behind each, continue reading Republican Malpractice Myths.

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2 thoughts on “GOP Medical Malpractice Myths”

  2. So. Point out the fact that ERISA, which doesn’t allow employer sponsored healthcare beneficiaries access to state court to go after insurance that doesn’t pay – has not reduced premiums at all.

    The very few cases that make it to federal court take almost a decade, are expensive and frequently it’s the estate in court since the beneficiary has already died – from lack of medical care.

    Or that 20-some states have caps on malpractice awards and that has not reduced premiums at all.

    Or that malpractice awards are decided on by juries – regular people just like them who decide that amount was deserved because what happened was so bad or had happened so many times before from the same insurance company – and not by law or judges.

    What has increased premiums has been that insurers who are fined or lose in court over and over again, can charge off those payments as a “cost of doing business” and pass it on as overhead as an increase in premiums. Beneficiaries end up paying more when their insurance provides faulty medical care for someone else. Not the CEO’s or execs or investors.

    The contracts doctors sign can also make them financially responsible if a patient is successful in suing. Doctor’s can also be held responsible for insurance decisions. I bet there’s a far more doctor’s that loose money from an insurance company action against them than from anything a patient can do.

    Honestly. I don’t know if health insurance can be made anymore risk free than it already is. I sure don’t want to find out.

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