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
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. $$$$ Who benefits from tort reform?
So, let's do what all good detectives do--follow the money. $$$$ 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.
Special note: Why is TR (Teddy Roosevelt) on this blog post? Because he pushed for American health care in 1912--nearly 100 years ago.
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