1) Tort reform, as it's commonly framed, is a red herring. Yes, there are frivolous lawsuits. But the system already weeds them out
through market forces - it's not in a lawyer's interest to take on a frivolous lawsuit. I don't see how you can make that argument
and argue that we need less government involvement.
And there's some weight to the suggestion that rising premiums have nothing at all to do with actual malpractice claims:
http://www.consumeraffairs.com/news04/2 ... ubcit.html
ConsumerAffairs.com wrote:"The hard, factual evidence cannot be any clearer: We have no medical malpractice lawsuit crisis in America," said Joan Claybrook, president of Public Citizen.
"Insurance companies may be padding their bottom lines by jacking up rates on doctors, but it is not because of patients seeking relief for bad medical care through our courts. The true crisis continues to be in inadequate measures for patient safety and incompetent medical care by a small number of physicians," she said.
Some other statistics from that link:
ConsumerAffairs.com wrote:Adjusting for population growth, the number of payments per 100,000 people has fallen from 5.85 to 4.91 from 2001 to 2004, a decline of 16.1 percent. Since 1991, the number of payments per 100,000 people has dropped by 9.2 percent, from 5.41.
Total malpractice payments increased from $2.1 billion in 1991 to $4.2 billion in 2004. However, from 1991 to 2004, the inflation-adjusted amount has changed little, rising from $2.1 billion to $2.3 billion - an average annual increase of only 0.8 percent.
The median size of payments from judgments appears to have soared, from $125,000 in 1991 to $265,000 in 2004. But adjusted for inflation, the median payment grew from $125,000 in 1991 to $146,100 in 2004 - an average annual increase of only 1.2 percent.
And this little bit,
right here from July of 2009, I think is the clincher:
InsuranceJournal.com wrote:In describing the study's findings, Hunter said, "Our study shows that states that have passed severe medical malpractice tort restrictions on victims of medical error have rate changes similar to those states that haven't adopted these harsh measures. Finally, our research makes clear that medical malpractice claims and premiums have almost no impact on the cost of health care. ... If Congress completely eliminated every single medical malpractice lawsuit, including all legitimate cases, as part of health care reform, overall health care costs would hardly change, but the costs of medical error and hospital-induced injury would remain and someone else would have to pay."
Joanne Doroshow, executive director of the Center for Justice & Democracy, said, "Medical malpractice claims are down. Premiums are down. Meanwhile, insurers are raking in money and belittling the fact that hundreds of thousands of patients are killed or injured due to medical negligence each year. Many states have already afforded health care providers extensive legal protections for reckless or unsafe medical care. Proposals in any national health care bill that will take even more money out of the hands of injured patients and into the pockets of insurers are utterly indefensible."
You think premiums are a problem? I don't. But even if you do, you're nuts to think that the lawyers or the patients are to blame.
2) That's some really fuzzy argumentation right there. Do you have anything to back up this feeling that doctors have?