Posts Tagged caps

Trial Lawyer Congress to States: “Don’t Even Think About It”

It’s never a surprise when the Democrat Congress pulls a muscle carrying water for the trial bar. But now the lawsuit obsessed pairing is demanding that states embrace their agenda or pay a price.

The evidence is buried in Nancy Pelosi’s 1,900 page health care bill.  Why so long? Capitol Confidential at Andrew Breitbart’s Big Government has a theory:

It is much easier to dispense goodies to favored interest groups if they are surrounded by a lot of legislative legalese. For example, check out this juicy morsel to the trial lawyers (page 1431-1433 of the bill):

Section 2531, entitled “Medical Liability Alternatives,” establishes an incentive program for states to adopt and implement alternatives to medical liability litigation. [But]…… a state is not eligible for the incentive payments if that state puts a law on the books that limits attorneys’ fees or imposes caps on damages.

The trial-lawyer majority in Congress is not only telling state’s how to do their own business, they’re banning a proven savings method simply because the trial bar doesn’t approve. The trial lawyers majority has exposed their true colors:  opposition to any meaningful reform of the medical malpractice system.

Since when do state’s need approval from Congress to try to control health care costs or run their own legal systems?

Medical malpractice reform is a proven two-fer.  It creates a more rational court system and could achieve huge health care savings according to the non-partisan Congressional Budget Office. From the Washington Post on October 9, 2009:

Lawmakers could save as much as $54 billion over the next decade by imposing an array of new limits on medical malpractice lawsuits, congressional budget analysts said today — a substantial sum that could help cover the cost of President Obama’s overhaul of the nation’s health system.

New research shows that legal reforms would not only lower malpractice insurance premiums for medical providers, but would also spur providers to save money by ordering fewer tests and procedures aimed primarily at defending their decisions in court, Douglas Elmendorf, director of the nonpartisan Congressional Budget Office, wrote in a letter to Sen. Orrin Hatch (R-Utah).

Perhaps the lesson here should be never be surprised when Congress torpedoes a good idea - especially when the trial bar opposes the good idea.

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Health Care Push Revives Tort Reform Debate

NationalJournal.com

ONLINE EXCLUSIVE

Proponents Predict Billions In Savings From Reform, But Opponents Say Changes Aren’t Worth It

Addressing the American Medical Association in June, President Obama got applause for bringing up an issue facing many doctors — the threat of malpractice suits. “I recognize that it will be hard to make some of these changes if doctors feel like they’re constantly looking over their shoulders for fear of lawsuits,” he said. “I understand some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable.”

But he immediately tempered the crowd. “I’m not advocating caps on malpractice awards, which I personally believe can be unfair to people who’ve been wrongfully harmed,” he added, to scattered booing.

Obama’s tightrope walk captured some of the difficulties on both sides of the debate over tort reform, a long-standing debate that has gained new prominence amid the summer’s larger battle over health care reform. It’s almost universally agreed that the threat of lawsuits hangs over doctors and has led to more tests and costs, but wholesale reform of the tort system is viewed by many observers as too big — or too divisive — a step without enough of a payoff. Read the rest of this entry »

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Tort Reform Is Key To Health Reform

By TIGER JOYCE | Posted Monday, August 24, 2009 4:20 PM PT

Investors Business Daily

ibdeditlogoThough common-sense Americans have repeatedly raised the issue of tort reform while discussing health care legislation with members of Congress during town hall meetings this month, too many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs. These lawmakers and analysts are wrong.

A 2006 Harvard School of Public Health study found that four out of every 10 medical malpractice lawsuits filed in America each year were “without merit.” Nonetheless, defending against such lawsuits imposes costs on doctors, hospitals and insurers that invariably are passed on to health care consumers.

Beyond the obvious costs of litigation, more subtle costs related to the practice of “defensive medicine” are contributing to runaway health care inflation.

How much? In a Massachusetts Medical Society survey published last November, 83% of Bay State physicians cited the fear of being sued in their decisions to practice defensive medicine. Read the rest of this entry »

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Dems’ Ace in the Hole on Health Care: Tort Reform

By Bob Beckel

rcpoliticslogo“It will be tough to make some of these changes if doctors feel like they’re looking over their shoulders for fear of lawsuits… some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable.” (President Obama, American Medical Association June 2009).

“Anyone who denies there is a crisis in medical malpractice is probably a trial lawyer.”  (Barack Obama 1996 Illinois State Senate race).

“I’m not advocating caps on malpractice awards.” (President Obama, AMA convention June 2009).

The first two statements are right on Mr. President, reconsidering the third may well save healthcare reform.

Read the rest of this entry »

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