In neither the House draft nor the various Senate drafts of health care legislation can one find any tort reform. According to reliable sources, the excess costs of “defensive medicine” due to providers’ fear of law suits is 9-10% of our total national health care spending. Just capping punitive damages has led to a 3.4% reduction in per capita health care spending in those states with caps. In California, with a cap, malpractice premium increases have been 75% lower than nationally, and claimants collect in 1/3rd the time as elsewhere.
President Obama promised the AMA convention that he would support reasonable tort reform. So far, he like Waldo cannot be found on this issue. Patients do have a right to justice when due. Tort attorneys do not have a right to a cornucopia of claims.
News reports have followed the health industry players involvement in the legislative drafting, but nothing has been reported about tort lawyer lobbying. Perhaps they don’t have to lobby, as about half of Congressmen and Senators are lawyers, and only a very few are doctors.
On the other hand, if government runs all health care, try suing it. Ha!
Oh! Did I forget to mention that in the 2008 elections 76% of lawyers contributions went to Democrats, and 84% so far in the run-up to the 2010 elections?
And, Oh My! Then there's this move in Congress of a $1.6-billion tax break for lawyers. Just what we need, having the government make it easier for lawyers to launch more frivolous or speculative cases.
