Tag Archives: Defensive Medicine

News

OB-GYN doctor quits medicine over $160,000 malpractice insurance premiums

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Story at the NY Post. (H/T Stop the ACLU via ECM)

Warner Todd Huston comments on the story:

Doctor Jacquelline Perlman has had it. After a 12-year career as an OB-GYN doctor she his quitting her practice.

[…]Last spring her insurer dropped her and several of her fellow doctors because of the high risk of covering OB-GYNs. Dr. Perlman’s new insurer was to charge $160,000 a year for coverage and that proved too much for Perlman to take.

Perlman noted that over the last five years, as her insurance costs multiplied, her actual income dropped by 20 percent.

So, another good doctor — one that has never had a malpractice case stick to her — leaves the profession. Now, before some of you out there assume the insurance companies is the villain here, let us pinpoint the real villain: trial lawyers.

It is the nuisance lawsuits, those filed merely to harass doctors in order to get a quick settlement, and lawyers that game the system with nonsense lawsuits as well as clients looking for a lottery-like payout that will make them instant millionaires that cause this problem.

Click here to read the rest. Remember, the Democrats are heavily supported by the trial lawyer lobby, and therefore tort reform was not included in the health care reform bill.

News

How Texas cut costs by reforming medical malpractice suits

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Here’s some great news from the conservative state of Texas. (H/T Caffeinated Thoughts)

Excerpt:

The Texas Legislature in 2003 adopted sweeping changes to its civil justice system that significantly altered when, where and how many lawsuits could be filed. In the medical malpractice area, those reforms were basically threefold.

[…]First, to sustain a lawsuit against the medical care provider, an expert report was required within 120 days of filing the suit stating that the doctor being sued committed a medical error that caused injuries.

[…]Second, noneconomic damages were capped to control arbitrary awards on pain and suffering or loss of consortium.

[…]The third significant tort reform was to prohibit the introduction into evidence of phantom damages.

[…]These common-sense reforms have led to a massive increase in the accessibility of health care in Texas, huge growth in the capital infrastructure of hospitals and clinics, hundreds of millions of dollars more each year in charity care and Texas’ adding more than 16,000 new doctors in just six years.

And in reducing the actual number of suits to those in which claims are meritorious — a recent Harvard study concluded that up to 85% of all lawsuits brought against medical providers were frivolous — we have created a more equitable system of justice.

I wish I lived in Texas – that’s a real red state, except for stupid Austin. By the way, I got this story out of the round-up at Caffeinated Thoughts. There are couple of great articles in there, like one on the North Korean gulags. It’s worth a look. Shane always links to very interesting articles.

News

Why the Democrats won’t reform medical malpractice laws

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In the USA, doctors are sued all the time by patients for “medical malpractice”. Sometimes the lawsuits have merit and sometimes they don’t. But because the payoffs are so high, plaintiffs have every reason to sue. Doctors must carry expensive insurance against frivolous lawsuits, and they also perform many unnecessary tests and procedures to reduce their exposure to potential lawsuits. This raises the cost of health care.

Consider this Wall Street Journal article.

Excerpt:

Eliminating defensive medicine could save upwards of $200 billion in health-care costs annually, according to estimates by the American Medical Association and others. The cure is a reliable medical malpractice system that patients, doctors and the general public can trust.

But this is the one reform Washington will not seriously consider. That’s because the trial lawyers, among the largest contributors to the Democratic Party, thrive on the unreliable justice system we have now.

Consider how this affects obstetricians:

Former [Democrat] Sen. John Edwards, for example, made a fortune bringing 16 cases against hospitals for babies born with cerebral palsy. Each of those tragic cases was worth millions in settlement. But according to a 2006 study at the National Institutes of Health, in nine out of 10 cases of cerebral palsy nothing done by a doctor could have caused the condition.

Unreliable justice is like pouring acid over the culture of health care. One in 10 obstetricians have stopped delivering babies, unable to pay malpractice premiums on the order of $1,000 per baby, according to the American College of Obstetricians and Gynecologists (ACOG). Some hospitals, including Methodist Hospital and Chestnut Hill Hospital in Philadelphia, have stopped delivering babies altogether; and the number of unnecessary caesarian sections have increased to the detriment of the health of mothers, according to the ACOG.

Read the whole thing.

Unfortunately for us, some trial lawyers pay a lot of money to Democrats to make sure that their activities will not be curtailed by legislation. And the Democrats dance to their tune. I cannot for the life of me figure out why doctors continue to provide medical care to these medical malpractice lawyers.