Most people understand that the vast majority of medical professionals are doing their best, it’s “the system” that needs fixing. Most people have complaints about their health insurance coverage even as the evidence mounts that we have a health care crises about to crash on us like a tsunami. Blaming the tort system alone is a diversionary tactic, much like radical surgery on Social Security when incremental treatments are sufficient.

Until we have national leadership that will admit that the solution to everything is not more privatization, or that the only course is to attack the target preemptively, without examining all courses of action and building coalitions to ensure a comprehensive campaign, we will continue to suffer politics of divide and conquer. And that won’t solve the health care crises. KwC

C/o Kevin Drum at Washington Monthly:

Malpractice Again and Again....Just in case you haven't gotten the message yet, here's another study of medical malpractice that comes to the same conclusion as practically every other study done in the past couple of years: the medical malpractice "crisis" is mostly an invention of insurance companies and their friends in Congress. As the chart below shows, malpractice payouts have grown at about the same rate as medical costs in general. In 1992, malpractice payouts amounted to about 0.3% of total healthcare spending and 1.2% of physician and clinical spending. In 2002, the numbers were....0.3% and 1.2%.

(And yes, before anyone asks, these figures are for both court judgments and out-of-court settlements. The data comes from mandatory reporting of malpractice payments to the National Practitioner Data Bank, which has been required by federal law since 1990. It includes everything.)

The basic numbers are pretty simple: the number of total judgments per physician has gone gradually down, while the total value of payouts has gone gradually up. However, the increase has been small, and matches the overall growth in medical costs.

You can argue about whether malpractice costs should grow at the same rate as overall medical costs or not, but it's a tiny argument, not an excuse for crisis mongering. In fact, what's most striking about the numbers is that growth in payouts has been steady and slow. There haven't been any spikes, and certainly no excuses for sudden 100% increases in insurance premiums.

Analysts on all sides of this debate agree that reform of the malpractice process would be a good idea. But for the most part, the skyrocketing premiums we've seen over the past couple of years are the result of insurance company incompetence and greed, not actual increases in malpractice payouts. Until everyone figures this out, there's not much chance of making any real progress.

June 21, 2005

Malpractice Update....The Wall Street Journal has a terrific article today about how one group of doctors has successfully decreased their malpractice premiums over the past couple of decades. Their secret? Less malpractice:

Rather than pushing for laws that would protect them against patient lawsuits...anesthesiologists focused on improving patient safety. Their theory: Less harm to patients would mean fewer lawsuits.

Ø      .All this has helped save lives....Malpractice payments involving the nation's 30,000 anesthesiologists are down, too, and anesthesiologists typically pay some of the smallest malpractice premiums around. That's a huge change from when they were considered among the riskiest doctors to insure.

Ø      Twenty years ago, little was known about people injured or killed during anesthesia. No U.S. database existed, so anesthesiologists set out to create one. They decided to collect information from insurers on closed malpractice claims, those in which insurers had made a payment or otherwise disposed of the complaint. 

Most insurers hesitated to cooperate at first, saying they were worried about patient privacy. One company finally agreed: St. Paul Fire & Marine Insurance Co. in Minnesota said it was concerned about heavy losses it had suffered from anesthesia-related injuries and was eager for anesthesiologists to review claims. Soon, other insurers followed suit.

Anesthesiologists left their practices for days at a time to pore over closed insurance claims. The information they collected was fed into a computer at the University of Washington to create an overall picture of how anesthesia accidents tend to occur. It "was a humbling experience," recalls Russell T. Wall, an anesthesiology professor at Georgetown University School of Medicine in Washington, D.C. To date, more than 6,400 claims have been analyzed.

 

There's more to the story, and this isn't the sole answer to fixing America's malpractice problems. Still, if doctors and insurance companies spent half as much time trying to reduce medical errors as they did trying to rig the legal system in their favor, they might save lives and reduce malpractice premiums. I don't really expect insurance companies to care much about this, but doctors ought to.

http://www.washingtonmonthly.com/ 

 

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