Tussles Over Tort Reform

By Laura Knoy on Sunday, September 13, 2009.

Supporters say capping the amount of money patients can receive from a malpractice lawsuit could reduce health care costs. But others feel the current system compensates victims and holds doctors accountable. We'll look at tort reform and how it may play out in the health care debate.

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Tort Reform Med Mal
Dean - Mon, 09/14/2009 - 08:21

I recalled a statement made by a NH congressman a few weeks ago on the Exchange that he didn’t know anyone personally who got rich from a medical malpractice judgment. I thought I know a few and they are all attorneys. The way we deal with medical malpractice in our courts is at best the victim starts with half a loaf; the attorney getting the other half. The victim is never made whole and in many cases they are forced to look to government care for the services that the other half of the judgment should have paid for.
Why isn’t medical malpractice dealt with like wrongful death and/or workman’s compensation? A system with set numbers to compensate the victim based on loss; and the attorney gets a reasonable fee separately. Then, in addition there should be a healthcare system which would supply the medical services needed by these victims. “No amount of money can make up for the loss of life or injury.” Lawyers start their summation with these words and then go on for an hour telling the jury their client should get millions.

Tort reform, Dr. Young
Tom Mulligan - Mon, 09/14/2009 - 08:32

Dr. Young has quoted a statistic indicating the rise in c-sections since 1980 without showing any definitive link with Tort. In fact, all medical procedures have shown similar increases over the same time period and costs and profits throughout the entire medical system have risen accordingly. To say this is all the result of Tort seems a little far fetched.

Medical Malpractice
Steven Borne - Rye - Mon, 09/14/2009 - 08:57

Hello,
I just caugt a minute or two of the show this morning as I was getting into the office, so these points may have been addressed.
1) Are people discussing having 25% or so of any Malpractice award going to prevention, inovation or education around this problem - we need to actively force things to get better
2) If someone loses a case, 5% or so should also go to this fund. This is to discourage frivoulous lawsuits and to cut down on defensive medicine? If 5% does not work, raise it. If it works, then it can be lowered...
3) An FDIC like back up Malpractice insurance, so innovative alternative health care business cases do not get crushed by the cost of malpractice insurance. This would enable insurance at a reasonable price?

I am no longer listening, since I am in the office now

Best Regards,

Steven