I am curious what sort of assumptions they are making to determine the cost savings. I will have to read the report . . .
The proposed “solution” according to this article is to put caps on malpractice awards. I am not a malpractice expert, but caps should certainly decrease the severity which should result in some cost savings on the largest awards (the impact certainly depends on the size of the cap). It may also decrease frequency by reducing the incentive for attorneys/claimants to pursue weak claims. Malpractice premiums should go down somewhat – but how much?
What I don’t understand is the assumed effect that caps will have on defensive medicine. It seems like doctors practice defensive medicine to keep from BEING SUED, not LARGE JUDGMENTS. I don’t see how caps will have much, if any effect on the “extra” defensive medicine costs. I am not taking a position on caps, just trying to make sure there is a defensible rationale for infringing on the rights of the injured. I am just as sickened by obnoxious “windfall-sized” awards as the next person.
To me, a more rational solution would be to make proposed litigation go through some sort of medical review process before it is allowed to proceed very far. Maybe courts do that already? Also, punitive damages should perhaps be disallowed or restricted (maybe courts do that already?)
“”Medical malpractice claims have almost no effect on overall health care spending,” said Anthony Tarricone”
You GOT to be kidding me. Of course it does! If a doctor has one medmal claim, their rates will go up. How do they offset that? By charging more.
But youngin does make a point, capping how much will be paid out might help a little, but the real nature of beast is what people can sue for. Change it so they can’t sue for every little thing, (because the doctor didn’t run an unnessicary test) claims will go down, and then doctors will (or should) charge less, then the insurance companies will pay out less, and then they will lower their rates to get new clients.
I don’t see how it is possible to put caps on compensatory damages. It seems to me that parties injured through negligence have the right to be made whole. However, if we require that everyone has medical insurance, it seems to me that compensatory damages for actual medical bills should be pulled out of the tort system (except for subrogation). Somehow I doubt that is the case with the bills being considered.
Courts and juries have lost the ability to objectively evaluate “malpractice” versus a poor outcome. Not every poor outcome involves malpractice. If you check the definition of “malpractice” you’ll see the standard of proof is very stringent. Bonafide “malpractice” should be compensated fairly. Emotional pleas for money where the physician acted in the best interests of the patient and made no “negligent” error should not.
There should be a cap on general (pain ans suffering) awards and a cap on what the attorney can earn. Talk about hearing a pig squeel! They are commission salesmen who make more money the higher they inflate the claim.
Politicians have taken everything that could reduce the cost of healthcare out and instead of doing our business, they have again sold out to special interest. Lets take a look at some of the sell outs.
Obama made a deal with drug companies to allow them to keep charging more if the legislation requiring everyone to buy insurance. They in turn would reduce their cost 80 billion over 10 years. This is just for the CBO’s benefit. They actually dont have to do it.
Baucus is the largest recipient of health insurance donations to politicians this year. He isnt even running for reelection yet! lol.
The presidents plan calls for 500 billion cut in medicare advantage. Medicare advantage is Gap insurance which provides coverage for what Medicare will not, So lets get rid of that cost! AARP is pushing for the plan as it is. WHY! arent they supposed to help older people, Oh Thats right AARP sell Medigap insurance coverages. Its a Billion dollar business!! Cancel your prescription to AARP.
Where is the reduction in cost in any of these bills being presented. It changed overnight from “Healthcare” reform to “Health Insurance” reform. This is the largest power grab in the history of our nation taking place right before your eyes.
Taxes are going to sky rocket, Dollar is going to drop out the bottom, Inflation will be double digit soon. Stop this madness. Email your congressman and senator today!
Much of what we call health insurance isn’t even insurance.
Does your auto insurance cover oil changes? Car washes? Going to the mechanic so he can look up the tailpipe and tell you nothing’s wrong? Put all that maintenance stuff on your auto insurance and see what it costs.
Reduce demand by having us pay for most doctor visits and other routine stuff, and prices will fall.
You can’t allow a small percentage of people to rape medical professionals. I’m talking about personal injury attorneys who mine the misfortunes of people to make quick cash. The entire medical profession as well as the national economy suffers when frivolous lawsuits are permitted to proceed. Just the filing of suit adversely impacts a doctor’s medical mal premium. It doesn’t matter if it results in a defense verdict or is dismissed. The simple fact it was file counts against the doctor. That’s a screwed up system. Since the courts and the general public don’t understand what real malpractice means, there should be a board of independent medical experts to decide the merits of the case based on medical fact, not emotion. Medical procedures come with risks. When people think a good outcome is guaranteed, they’re fooling themselves.
Take a look at Florida Workers Compensation rates. They have been reduced by 62% over the last 4 years by NCCI. NJ has not really instigated real tort reform the thresshold for attorney involvement in Bodily injury claims and for that matter PIP claims has not really been changed.
Tort reform does work, but will not be done because of special interest groups such as the Bar Associations will give money under the table to politicians to prevent it from happening.
We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. By continuing to use our site, you accept our revised Privacy Policy.
I am curious what sort of assumptions they are making to determine the cost savings. I will have to read the report . . .
The proposed “solution” according to this article is to put caps on malpractice awards. I am not a malpractice expert, but caps should certainly decrease the severity which should result in some cost savings on the largest awards (the impact certainly depends on the size of the cap). It may also decrease frequency by reducing the incentive for attorneys/claimants to pursue weak claims. Malpractice premiums should go down somewhat – but how much?
What I don’t understand is the assumed effect that caps will have on defensive medicine. It seems like doctors practice defensive medicine to keep from BEING SUED, not LARGE JUDGMENTS. I don’t see how caps will have much, if any effect on the “extra” defensive medicine costs. I am not taking a position on caps, just trying to make sure there is a defensible rationale for infringing on the rights of the injured. I am just as sickened by obnoxious “windfall-sized” awards as the next person.
To me, a more rational solution would be to make proposed litigation go through some sort of medical review process before it is allowed to proceed very far. Maybe courts do that already? Also, punitive damages should perhaps be disallowed or restricted (maybe courts do that already?)
“”Medical malpractice claims have almost no effect on overall health care spending,” said Anthony Tarricone”
You GOT to be kidding me. Of course it does! If a doctor has one medmal claim, their rates will go up. How do they offset that? By charging more.
But youngin does make a point, capping how much will be paid out might help a little, but the real nature of beast is what people can sue for. Change it so they can’t sue for every little thing, (because the doctor didn’t run an unnessicary test) claims will go down, and then doctors will (or should) charge less, then the insurance companies will pay out less, and then they will lower their rates to get new clients.
I don’t see how it is possible to put caps on compensatory damages. It seems to me that parties injured through negligence have the right to be made whole. However, if we require that everyone has medical insurance, it seems to me that compensatory damages for actual medical bills should be pulled out of the tort system (except for subrogation). Somehow I doubt that is the case with the bills being considered.
Courts and juries have lost the ability to objectively evaluate “malpractice” versus a poor outcome. Not every poor outcome involves malpractice. If you check the definition of “malpractice” you’ll see the standard of proof is very stringent. Bonafide “malpractice” should be compensated fairly. Emotional pleas for money where the physician acted in the best interests of the patient and made no “negligent” error should not.
There should be a cap on general (pain ans suffering) awards and a cap on what the attorney can earn. Talk about hearing a pig squeel! They are commission salesmen who make more money the higher they inflate the claim.
Politicians have taken everything that could reduce the cost of healthcare out and instead of doing our business, they have again sold out to special interest. Lets take a look at some of the sell outs.
Obama made a deal with drug companies to allow them to keep charging more if the legislation requiring everyone to buy insurance. They in turn would reduce their cost 80 billion over 10 years. This is just for the CBO’s benefit. They actually dont have to do it.
Baucus is the largest recipient of health insurance donations to politicians this year. He isnt even running for reelection yet! lol.
The presidents plan calls for 500 billion cut in medicare advantage. Medicare advantage is Gap insurance which provides coverage for what Medicare will not, So lets get rid of that cost! AARP is pushing for the plan as it is. WHY! arent they supposed to help older people, Oh Thats right AARP sell Medigap insurance coverages. Its a Billion dollar business!! Cancel your prescription to AARP.
Where is the reduction in cost in any of these bills being presented. It changed overnight from “Healthcare” reform to “Health Insurance” reform. This is the largest power grab in the history of our nation taking place right before your eyes.
Taxes are going to sky rocket, Dollar is going to drop out the bottom, Inflation will be double digit soon. Stop this madness. Email your congressman and senator today!
It is not WORKING IN NJ. Still the highest insurance rates in the nation, PIP premiums are doubling! It just won’t work!
Much of what we call health insurance isn’t even insurance.
Does your auto insurance cover oil changes? Car washes? Going to the mechanic so he can look up the tailpipe and tell you nothing’s wrong? Put all that maintenance stuff on your auto insurance and see what it costs.
Reduce demand by having us pay for most doctor visits and other routine stuff, and prices will fall.
It’s working in TX. Docs are returning and prices are falling.
You can’t allow a small percentage of people to rape medical professionals. I’m talking about personal injury attorneys who mine the misfortunes of people to make quick cash. The entire medical profession as well as the national economy suffers when frivolous lawsuits are permitted to proceed. Just the filing of suit adversely impacts a doctor’s medical mal premium. It doesn’t matter if it results in a defense verdict or is dismissed. The simple fact it was file counts against the doctor. That’s a screwed up system. Since the courts and the general public don’t understand what real malpractice means, there should be a board of independent medical experts to decide the merits of the case based on medical fact, not emotion. Medical procedures come with risks. When people think a good outcome is guaranteed, they’re fooling themselves.
Take a look at Florida Workers Compensation rates. They have been reduced by 62% over the last 4 years by NCCI. NJ has not really instigated real tort reform the thresshold for attorney involvement in Bodily injury claims and for that matter PIP claims has not really been changed.
Tort reform does work, but will not be done because of special interest groups such as the Bar Associations will give money under the table to politicians to prevent it from happening.