As the volume of the heated debates in the bipartisan Health Care Summit revs down into the low brow din of cable news rhetoric, one of the major topics was medical malpractice reform, otherwise known as “tort reform”.
Republican leaders of the debate say that medical malpractice lawsuits are the reason why medical costs in America are rising. Just today Rep. John Boehner, the top Republican in the House, said, “Lawsuits have helped grow the size of health care costs.”
The problem with that assertion is that Beohner and the rest of his party have been proven wrong time and time again in this assertion.
The Reality of the Tort Reform Debate
As Tom Baker, a professor of law and health sciences at the University of Pennsylvania School of Law and author of the book, “The Medical Malpractice Myth,” told the New York Times in a recent interview:
“[Tort reform is] a red herring. It’s become a talking point for those who want to obstruct change. But [tort reform] doesn’t accomplish the goal of bringing down costs.” He goes on to explain, “As the cost of health care goes up, the medical liability component of it has stayed fairly constant. That means its part of the medical price inflation system, but it’s not driving it. The number of claims is small relative to actual cases of medical malpractice.”
This would insinuate that those who are in support of medical malpractice lawsuit caps are somehow fabricating the numbers (otherwise known as “lying”). We certainly don’t want to insinuate that, so Mr. Baker will elaborate for us:
“We have approximately the same number of claims today as in the late 1980s. Think about that. The cost of health care has doubled since then. The number of medical encounters between doctors and patients has gone up — and research shows a more or less constant rate of errors per hospitalizations. That means we have a declining rate of lawsuits relative to numbers of injuries.”
The Wrench Has Been Caste
In an ever effort to be bipartisan, President Obama has not taken the possibility of medical malpractice lawsuit caps off of the table. In a statement today he said, he wants to change how the United States deals with medical malpractice lawsuits, although he says Republicans are overstating its effects on the health care system.
Overstating its effects is an understatement. They have asserted that up to 20% of healthcare costs are due to medical malpractice lawsuits. In a speech at the summit yesterday Senator Dick Durban of Illinois, assistant to the Democratic majority leader, threw that assertion aside using simple math:
“The point that’s been made by the president is if we do believe the Congressional Budget Office, when Orrin Hatch asked them how much will we save if we implement the Republican plan on medical malpractice from the House, they said $54 billion over 10 years; $5.4 billion a year is a lot of money, except in the context of the $2.5 trillion bill that we pay each year for health care. It represents one-fifth of 1 percent of the amount of money we spend each year on health care.”
That would mean that Republicans are hundreds of billions of dollars off on their calculations. By our calculations, it amounts to being really, really, really wrong (to the tenth power).
The Medical Malpractice Contradiction
Here is where the supporters of medical malpractice lawsuit caps really lose their footing. They are not all Republicans, but since this is the sticking issue on the healthcare reform debate on the Republican side, there is one massive contradiction to their core philosophy that needs to be raised.
The main talking point for Republicans is government’s role in normal American’s lives. But yet if a patient is hurt by the negligence of the healthcare provider, it is government that dictates the amount of compensation, not the patient, not a jury of the patient’s peers. It’s the government.
As Durbin said in his speech:
“I will tell you that as far as the president is concerned, in his neighborhood there is a great hospital, which I will not name, and at this hospital a woman went in for a simple removal of a mole from her face. And under general anesthesia, the oxygen caught fire, burning her face. She went through repeated surgeries, scars and deformity. Her life will never be the same. And you are saying that this innocent woman is only entitled to $250,000 in pain and suffering.” He goes on to say, “I don’t think its fair. Our jury system makes that decision, and the states, 30 of them have made a decision on what to do.”
The Big Payoff
So why all of the deception? Campaign contributions and lots of them from the insurance agencies who made a record high $75 million on malpractice insurance last year without having to pay out more than they did in the 1980s.
According to the Washington Post, Health insurers and their employees contributed $2.2 million to the top 10 recipients in the House and Senate since 2005, while drug makers and their employees gave more than $3.3 million to top lawmakers during that period, according to an analysis of federal elections data by Consumer Watchdog, a California-based advocacy group.
Medical Malpractice Lawsuits are Essential
A patient cannot rely on politicians, government agencies, healthcare providers, insurance companies, or the government to be on their side when they are hurt or made sicker by medical mishaps done by healthcare workers or facilities. When a person is hurt they become more of a liability and more of an expense. That is the exact thing politicians, insurance companies, healthcare providers, etc. want to avoid and will do what they can to cut their losses at the patient’s expense.
Don’t let this happen to you. If you find yourself getting sicker or physically hurt by the negligence of a healthcare provider or healthcare facility you need experienced and professional representation. Call Phillips Webster for a consultation on your legal rights.
