charlieo wrote:
I fear I can only offer you theory.
The mere existence of insurance raises costs, because it brings more money to the table.
Look at the so called "elective" surgery market (cosmetic, lasik, even orthodontic, etc). Prices for that are EXTREMELY competitive, because people are spending their limited funds, and have the ability to choose where they spend said funds.
Feel free to explain the logic you're going by.
As for cosmetic surgery, I can't find any numbers that substantiate what you are contending. And it would be hard to make direct comparisons as many elective surgeries are far less complex and risky than a lot of medical surgeries (AFAIK).
hsckris wrote:I missed those numbers somehow or another. Certainly it makes sense there would be some savings, I never meant to say otherwise. Could we achieve similar savings via other avenues? If so, those certainly need to be explored as well.
Absolutely. Its likely there are many causes for our healthcare costs to be higher than absolutely necessary. Some may even be related to each other.
hsckris wrote:I do have a theoretical problem with a national implementation of limits where states currently have discretion. I also know that I personally cannot value someone's legitimate pain and suffering easily, and therefore I don't necessarily approve of some arbitrary government-imposed limits. Who's to say somebody is not allowed to recover more than 250K. What if the legitimately suffered that much? Hypothetically a person could be in a position of not being able to work (due to the med mal), and not having enough recovery to cover their loss, future expenses, etc. because of some arbitrary gov't limit. Accordingly, I don't think it is just for a minimum wage earner to become a billionaire because a doctor botched up. I guess all along I've been skeptical of med mal reform because I believe there should be a full recovery where there is a valid, proven claim, and I believe there is no perfect maximum amount of allowable recovery or regulation. From that perspective, I would rather see us focus on the costs of health care itself. Doing so would in turn reduce awards for med mal, as they are in some way based on the victim's future medical expenses (to recover from the med mal). These would be reduced by lowering health care costs, thus reducing potential liability.
I agree with you on this for the most part. To place limitations can have its own detriminetal side effects. Some would say the root cause of that though is that we have too many attorneys. Since they make money based on everyone else's legal problems, if there are too many lawyers and not enough valid cases, then there will be a propensity to try and win any case they can get their hands on. And the damnedable part of it is they can actually lose a majority of their cases and still make money if they can manage to win a few extraordinarily high settlements every once in a while. If there were less attorneys out there, then they would be most likely to stick to cases they think they can actually win. It would certainly be a whole lot less work for them as well as they would spend less time fighting cases they would likely lose.
That said, a big part is also the mentality of people in the US. With many legal disputes, one of the first things out of a person's mouth these days is I'm gonna sue. As a result, I'd like to see reform that would somehow be able to eliminate frivolous suits, but even that has a set of challenges since there would have to be some what of objectifying which cases are frivolous. There is certainly no perfect or easy solution there.
My use of the info from the damage cap article was merely to point out the differences in costs that malpractice liability presents.