On Thu, 03 Feb 2005 16:45:37 -0800 (PST), [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote: > > Interesting article on one way to decrease malpractice costs. This might > stem the perceived outflow of MDs to open their own surgery centers and siphon > off the best paying customers. > Begin tort reform and real free-market politicians rant -
How not to reduce malpractice. Texas has the most draconian 'tort reform' laws in the country. This started before Bush was governor when it had pass several major 'tort reform', i.e. 'stop corporations and professionals from being sued' bills. No matter Bush said, they weren't tough enough on those SOB's who believe they were harmed by someone and sue. His laws and even newer GOP laws have not stopped malpractice insurance rates from continuing to steeply climb. Rates climb pretty much because insurance companies are able to raise rates at will and their increasing profits are a function of their investments, raising their rates, and to a lesser extend their claims. How draconian was Texas 'tort reform'?. A $250,000 limit for non-earnings related damages. Recent stories I have heard at a conference on another matter - political ethics reform. In Dallas a man went in to check out a lump on his testicles and they said they would do a quick biopsy. Doctors removed his penis. This was not even discussed before the 'quick routine' biopsy. Turns out it was mistakenly removed. The lump wasn't cancer or really a problem. How much are your sexual organs worth? In Texas this value is limited to at most $250,000, or a max of $500,000 if you can assign an error to more than one doctor or entity. Child was operated on and died during the operation. A nurse came forward and said the anesthesiologist had been drinking and screwed up. Records show he has 14 investigations by state medical board. Damages - $0. No lawyer will take the case as their max fee will not be met as the anesthesiologist has a history of vigorous and expensive legal defenses. The hospital says no mistake was made - it will sue if anyone makes any reference to it as its reputation as a safe place to get operations will be damaged. The limits now applies to non-medical cases as well. Any child or non-working mother's death caused by negligence will face a maximum penalty of $250,000. It is better for a drunk driver or a bad doctor to kill his victim than face the medical bills for leaving her alive. There are ways to lower malpractice insurance. States most successful at it have active medical boards that remove doctors who are dangerous and strictly regulate insurance companies. The Texas medical board just never removes doctors licenses. Our state insurance board is composed of 'knowledgable people' from the insurance industry. Texas part-time representatives are paid $6000 a year plus a per diem when they happen to be in the infrequent sessions - but rake in millions of dollars in political contributions from corporations and profession groups each election. Someone who approached one about some new massive state tollway construction projects was told, "Why are you seeing me? How much money have you got? Those contractors and financiers and lobbyists involved in this give me a contribution of several thousand every time they walk in my door." Two years ago a local home builder spent $3.8 million himself to buy up the legislature. Laws passed that session abrogated the federal and state constitutional right to sue home builders. It mandates expensive and drawn out arbitration from an arbitrator appointed by local builder groups. It also says that new buildings are sold 'as is' unless specified in written contracts wherein any limitations in that contract apply. There is no 'assumed habitability' for a home. This is after Texas political ethics reforms passed in the early 90's. Why then? After newspapers ran stories about a lobbyist who showed up on the House floor, a privilege as former member - becoming a lobbyist is the nest paying career move for a Texas politician, and passed out dozens of hundred dollar bills to members who had just voted. The board created for Texas Political Ethics has never had a formal or informal hearing or investigation of any politician. Until this year investigators for the board never interviewed anyone except the complainant and the politician because they faced felony indictments if they revealed a matter was being investigated to anyone. It is not clear if they have yet - the legislature who they are charged with investigating but pays their salaries clarified the board might be 'over-interpreting' the law but it is not clear if they still have ever called a witness. You could say killing the lawyers doesn't go far enough . It would seem better nowadays to get rid of those who make the laws or pay for the laws. To reduce malpractice insurance rates a good place to start would be to look at the very small minority of doctors who get sued as well as any overly litigious lawyers or patients. The rate of doctors being sued and the judgements the insurance companies pay have been going down for years. end rant - Gary Denton Easter Lemming Liberal News Digest - I think Brin was on to something in 'Earth' in suggesting the right to vote be dependent upon subscribing to some opposing viewpoint media. _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
