What's the Deal with Tort Reform?

Why would conservative talk show hosts and politicians talk about something like tort reform? The average American, I'm sure, is clueless on the definition. So, here's a simple definition: you go to a doctor for an emergency, the doctor removes your left leg by mistake, you can sue but due to tort reform in your state you'll only get $10,000 in compensation. Your left leg, after all, is only one leg; you have another one.

Conservatives are screaming because they want to put a cap on the amount you can get; some have tied it with the percent of lawyer reimbursement. They claim that millions of dollars are lost each year and this has added to the cost of health care. They claim malpractice insurance is the reason health care is so expensive and will get even more so. Is there a counterpoint to this issue? Is this a political blog? Do bears...

Last fall the CBO (Congressional Budget Office) ran the numbers. (Note: The CBO is generally considered non-partisan.) "...proposals to cap settlements in medical malpractice cases would only reduce health-care spending by 0.5 percent each year...."1

Medical malpractice carriers admit that caps on damages will do nothing to reduce malpractice premiums since it only accounts for a small percent of their underwriting. 2

Many states already have some form of tort reform and yet they have not lowered their insurance premiums. 3

So, let's do what all good detectives do--follow the money. $$$$ Who benefits from tort reform?

• Injured Americans? Hmm, don't think so, since we don't have any other protections to incompetent doctors.
• Lawyers? They don't benefit since they actually lose money.
• Doctors? Since tort reform won't lower their insurance premiums, they don't benefit financially. Now incompetent doctors would benefit because they could continue to practice unchallenged.
• Insurance companies? Bingo! Guess who no longer pays money for such claims? And, get this, many of these same companies aren't immediately shut down when they practice "bad faith"--they refuse to pay the settlement.

So, when you hear someone mention the need for tort reform, ask them if they work for an insurance company. And then ask yourself how much your left leg is really worth.

Special note: Why is TR (Teddy Roosevelt) on this blog post? Because he pushed for American health care in 1912--nearly 100 years ago.

Citations
1. The Daily Beast, http://www.thedailybeast.com/cheat-sheet/item/tort-reforms-tiny-savings/health-care/ and http://www.cbo.gov/ftpdocs/106xx/doc10641/10-09-Tort_Reform.pdf.

2. http://www.sakr-law.com/CM/Articles/the-real-victims-of-tort-reform.asp

3. http://northern-newyork.injuryboard.com/automobile-accidents/tort-reform-the-real-story.aspx?googleid=217102

Distraction Politics

Michael's doctor to turn himself in; Brittany Murphy died of an overdose; the "boss" is suing a NY bar. Aren't these the key "issues" of the day? Ignorance is bliss, true, and it's very easy to take each day as it comes, put in your 8-hour work/school day, eat dinner with the spouse & kids, and sit down for a few hours of Fringe, Desperate Housewives, and Lost. I call this "distraction politics." You're distracted from the real issues by silly bits of information posing as "news."

What's hard is keeping up with your American freedoms and responsibilities--the freedom we enjoy over most other countries and the responsibility to uphold those freedoms. We take US Govt class in high school and think we know what's going on. Maybe, if we're lucky, we take a poli sci or history class in college and learn a little more about tricky things like Brown vs Board of Education, Teapot Dome, and the New Deal. Then we think we're done...until the first time we step up to vote. If we vote.

And boy do we have some "doozies" to explain why we don't vote: "I don't have time, I don't know where to vote, my vote doesn't make a difference, the system is so corrupt I'm not going to support it with my vote...." And then a few months later we criticize some law that we don't like, or that hidden tax increase, or the loss of habeas corpus. While we sit back and do nothing, the Earth does not stop and those in power push the envelope to maintain and increase their power.

I'm not suggesting that all Americans know all the issues--that's a pretty hefty challenge (even Congress doesn't know the issues and they're voting on them!). But when you walk into that voting booth, do you have the latest political jingle in your head that you heard on the radio on the way to the polls or do you have one or 2 pieces of information on the candidates to help you make an intelligent choice?

I live in IL and just experienced a primary election. I was appalled by:

1. the lack of a line waiting to vote
2. the lack of information available on candidates (other than their official web pages which are mostly biased and unreliable) and
3. the lack of public interest.

So, we nearly lost the Democratic governor, one of the few fellows who seems to have integrity while getting a Lt. Gov. candidate who's pretty much a criminal and is being asked to step aside. Then, for the US Senate race, we get a fellow who's part of a banking family involved in the Rezko fiasco and other shenanigans. His Republican competitor, posing as a moderate, has huge coffers from which to pull so we can enjoy many more jingles! And this is Barack Obama's former Senate seat!

Now I know this is not news. Study after study has been done over the years about American voting, participation, and knowledge. A catalyst of some kind seems to be the key to getting attention and getting more voters to the polls. But, in the absence of such a key thing, studies also point out that, where fewer participate, a conservative minority takes control. If you're a conservative, I'm sure that's fine with you. However, if you want health care reform, Wall Street regulation, or a job, why didn't I see you in line at the polls this Tues?