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RE: What the hell just happened? - 10/22/2009 12:48:46 PM   
cadenas


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Tort reform? That's a red herring; the total cost of medical liability lawsuits is less than 1%. And tort reform actually in several of the bills (more to placate conservatives than to actually accomplish anything). The number is 0.58% of health care cost, according to the Congressional Budget Office (the number is from 2002, but also according to the CBO, it has not changed much since the 1980s. In a recent letter to Sen Orrin Hatch, they said the number was about 0.5%).

Here in California, there are currently radio commercials that claim we could "save $120 billion" with tort reform. What they don't tell you is that it is over ten years - and that total health care cost over ten years will be approximately 27 trillion dollars, 200 times as much. And what they also don't tell you is that this number all but came out of thin air. Even the Cato institute - hardly a hotbed of liberalism - only claimed $54 billion. Some of the other estimates are even lower.

quote:

ORIGINAL: Hillwilliam

Um folks... the thread is about health care and the costs thereof.  I find it unfortunate that noone in is pushing tort reform.  with a large percentage of every health care dollar ending up in the pocket of an attorney somewhere.  I dont have a problem with someone making a good living, but a guy with 7 years of college making $1000+ / hour while his client or clients that he is supposed to be acting in the best interest of based on the fiduciary relationship getting peanuts?   c'moooooooon folks.  it isnt about someone getting what they are owed for their pain and suffering.  It is ALL about lining the pockets of the attorneys.

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RE: What the hell just happened? - 10/22/2009 12:55:02 PM   
cadenas


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quote:

ORIGINAL: willbeurdaddy
quote:

ORIGINAL: DarkSteven

After years of everyone arguing about what can be done to relieve the high cost of health care, the HMOs did a hatchet job on the upcoming bill.  In retaliation, the Dems are scuttling a provision that makes the health care providers immune to antitrust actions.

WTF?!?!?!?  They are allowed to collude to keep prices high?!?!?!?  Doesn't anyone think that THAT might be a reason that the prices are high?

I have no idea what effect the bill itself will have on affordability, but removing the HMOs'a ability to collude oughta do something...


The reason for the anti-trust relief is government prohibitions against insurers crossing state lines, which causes non-competitive pricing. To continue those regulations while promoting non-competition is yet another absurd and myopic approach from this administration, which never fails to find a monster under the bed when they need someone else to blame.


Crossing state lines is a separate issue - and actually a trojan horse. The real reason insurance companies want that is to be able to evade the protections implemented by some states, such as California and New York. One result would be that health insurance would get more expensive for women and cheaper for men (because men would then be allowed to buy policies that don't cover pregnancy, and the cost of pregnancy coverage would be borne just by women).


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RE: What the hell just happened? - 10/22/2009 1:35:01 PM   
willbeurdaddy


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quote:

ORIGINAL: mnottertail

as you do?

no, he hasn't any internal struggle with his evil race twins, and not the spin you put on it for sure.

He does point out that there is a vast difference in the way things are viewed and occur between black and white society, him having aspects of both.

But looka here, you just keep moving your point and changing the intent of what it is you originally said enough, and you will come up with something that I can agree to, I know you got it in you, I've seen it in just a couple of posts.

Ron


I havent moved anything. In his own words he was constantly conflicted between his white and black backgrounds, and he raised it in at least one of the debates. Once it became a political advantage to play the race card he became "black".

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RE: What the hell just happened? - 10/22/2009 2:28:05 PM   
slvemike4u


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Yeah Willbeur cause prior to that....he just walked thru life as a normal white guy with a great tan.

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RE: What the hell just happened? - 10/22/2009 2:56:18 PM   
tazzygirl


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quote:

ORIGINAL: cadenas

quote:

ORIGINAL: willbeurdaddy
quote:

ORIGINAL: DarkSteven

After years of everyone arguing about what can be done to relieve the high cost of health care, the HMOs did a hatchet job on the upcoming bill.  In retaliation, the Dems are scuttling a provision that makes the health care providers immune to antitrust actions.

WTF?!?!?!?  They are allowed to collude to keep prices high?!?!?!?  Doesn't anyone think that THAT might be a reason that the prices are high?

I have no idea what effect the bill itself will have on affordability, but removing the HMOs'a ability to collude oughta do something...


The reason for the anti-trust relief is government prohibitions against insurers crossing state lines, which causes non-competitive pricing. To continue those regulations while promoting non-competition is yet another absurd and myopic approach from this administration, which never fails to find a monster under the bed when they need someone else to blame.


Crossing state lines is a separate issue - and actually a trojan horse. The real reason insurance companies want that is to be able to evade the protections implemented by some states, such as California and New York. One result would be that health insurance would get more expensive for women and cheaper for men (because men would then be allowed to buy policies that don't cover pregnancy, and the cost of pregnancy coverage would be borne just by women).





Some figures for ya.

quote:

HCAN attributed the following statement to the AMA in individual state reports: “The American Medical Association reports that the number of health insurance companies has declined by nearly 20 percent since 2000, and as a result 94 percent of insurance markets in the United States are now highly concentrated.”



and

quote:

In the past 13 years, more than 400 corporate mergers have involved health insurers, and a small number of companies now dominate local markets but haven’t delivered on promises of increased efficiency. According to the American Medical Association, 94 percent of insurance markets in the United States are now highly concentrated, and insurers are thriving in the anti-competitive marketplace, raking in enormous profits and paying out huge CEO salaries. Profits at 10 of the country’s largest publicly traded health insurance companies rose 428 percent from 2000 to 2007. In 2007 alone, the chief executive officers at these companies collected combined total compensation of $118.6 million—an average of $11.9 million each. That is 468 times more than the $25,434 an average American worker made that year. Moreover, the health insurance industry invests more in buying back its own stock and rewarding its shareholders than in improving system operations, reducing premiums, or in developing ways to pay doctors and hospitals fairly.


The report by the AMA can be found here


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RE: What the hell just happened? - 10/22/2009 3:09:48 PM   
willbeurdaddy


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quote:

ORIGINAL: cadenas



Crossing state lines is a separate issue - and actually a trojan horse. The real reason insurance companies want that is to be able to evade the protections implemented by some states, such as California and New York. One result would be that health insurance would get more expensive for women and cheaper for men (because men would then be allowed to buy policies that don't cover pregnancy, and the cost of pregnancy coverage would be borne just by women).





Huh?

Only 10 or so states prohibit gender based pricing, and Ca isnt one of them. More importantly, there is no attempt to avoid doing business in states that do prohibit gender based pricing. It doesnt change the profitability of a policy as long as everyone selling in the state is playing by the same rules.

Crossing state lines is the primary issue with regard to the anti-trust exemption. Anti-trust laws are Federal, health insurance is State regulated. When it isnt cost efficient to operate in a State, competition will be limited and can give the appearance of collusion/price fixing.

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RE: What the hell just happened? - 10/22/2009 3:33:11 PM   
samboct


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Tort reform is not a red herring-all you have to do is look at the number of tests that are being ordered and why.  Most physicians will tell you that they don't practice good medicine, they practice defensive medicine.  The doc doesn't prescribe tests to cover far out possibilities because he/she thinks its medically warranted- they do it to cover their ass.  Any doc in a major hospital will tell you that being sued is a constant threat- why are there so few obstetricians?  Because obstetricians can get sued for 21 years after they deliver their last squalling brat- and the only insurance they can get only covers them for the year.  Orthopaedics is next on the hit list by the way- which is one reason why there is such specialization.  (I don't do shoulders, I do knees.)

Why do you think the US health care system has run so far amok compared to the rest of the world?  All countries have bureaucracies- is the US bureaucracy so much worse than anybody elses?

As noted above- malpractice insurance in a group can be one of the largest single expenses- its why my primary care doc quit- he was tired of his group getting sued and taking the hit in paycheck.  (He was in a practice close to an inner city neighborhood where people are sicker and lawyers are thicker than flies on horseshit.)

So I'm sorry, but this nonsense that tort reform would only save 1.5% is on par with the growth of the economy during the Bush years- it's a vapor number that makes no sense when you dig into it.

Sam

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RE: What the hell just happened? - 10/22/2009 3:49:28 PM   
tazzygirl


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Lets say you got your tort reform.  Do you honestly think the insurance companies will lower their rates? not ones to the public, but the malpractice insurance rates.  couple that with the fact that even if there were any cost savings, how much you want to bet the public will never see any of it.

Yes, tort reform is needed... but without other changes, its blowing in the wind.

_____________________________

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Dont judge me because I sin differently than you.
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RE: What the hell just happened? - 10/22/2009 4:59:14 PM   
samboct


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If tort reform means that docs are less likely to get sued when practicing good medicine- then I'd expect a drop in my rates of ~ 50% or more. It's a virtuous cycle- the doc orders fewer tests, costs of visits drop, we begin to pay for our own medical expenses and only buy catastrophic care insurance which results in less paperwork for the docs, which results in lower costs because there are fewer office workers, etc.... you get the picture?  Of course this is nuclear armeggedon for the insurance companies (and with all their blathering that their customers want them to stay in the picture-is this really true?  I certainly don't trust any insurance company as far as I could throw Oprah Winfrey, how many people do?  Seems like satisfied customers are the one who don't actually need the company to pay much out.) but I'll shed not one tear for them.

Let me throw out a possible model...The vaccine business.  When vaccine mfgs could get sued for adverse events, all the major manufacturers exited the business- the risks were too high and the profits too small.  You can't charge $1,000 a shot, the market won't bear it.  So Congress did something intelligent- they provided immunity for the vaccine mfg if GMP were followed (think this was a condition) and established a pool of money for the kids/individuals that were harmed by a vaccine.  No lawsuits.  Result- major pharma has a renewed interest in developing new vaccines as well as a host of smaller firms.  High time as well- looks like some cancers can be prevented by a vaccine.

Simple economic rule:  Too many lawyers = bad business.  No lawyers = good business.

So yeah- I expect that tort reform could have a dramatic effect on health care based on its success in other industries.  General aviation is also making a little bit of a comeback, but nowhere near as dramatic as vaccines.  I'm waiting for playgrounds to come back as well, now that obesity rates are skyrocketing, but that'll probably take 20 years as well.


Sam

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RE: What the hell just happened? - 10/22/2009 5:05:13 PM   
thornhappy


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I've seen screaming about malpractice rates before (once in California around '88), and the major hits coincided with stock market downturns.  The insurance companies invested in the market - when it dropped they lost big.  So they upped the rates to compensate.



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RE: What the hell just happened? - 10/22/2009 5:21:14 PM   
OrionTheWolf


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quote:

ORIGINAL: samboct

Tort reform is not a red herring-all you have to do is look at the number of tests that are being ordered and why.  Most physicians will tell you that they don't practice good medicine, they practice defensive medicine.  The doc doesn't prescribe tests to cover far out possibilities because he/she thinks its medically warranted- they do it to cover their ass. 


Actually the study recently done on how medical administration is done at the Mayo clinic disproves this. In a hospital that a Doctor has a financial interest in, there are significantly more tests run than in hospitals where the doctors only receive a salary. Now some of those doctors that are ordering tests to boost their income, may say it is to prevent litigation, but studies show otherwise. If you want the link just use the search function for a topic started by me about health care costs.

quote:


Any doc in a major hospital will tell you that being sued is a constant threat- why are there so few obstetricians?  Because obstetricians can get sued for 21 years after they deliver their last squalling brat- and the only insurance they can get only covers them for the year.  Orthopaedics is next on the hit list by the way- which is one reason why there is such specialization.  (I don't do shoulders, I do knees.)


Again see above. Not to mention that it is the insurance companies that often force an out of court settlement, rather than spend the money to fight unsubstantiated claims.

quote:


Why do you think the US health care system has run so far amok compared to the rest of the world?  All countries have bureaucracies- is the US bureaucracy so much worse than anybody elses?


Some of the reasons is no standard pricing, uninsured not being addressed and costing huge overheads at ER's, Medicare setting pricing and others following suit so there is less competition, Insurance companies upping rates on both ends, so they make sure to maximize profits, and physicians being allowed to own an interest in hospitals and medical centers that they operate in.

quote:


As noted above- malpractice insurance in a group can be one of the largest single expenses- its why my primary care doc quit- he was tired of his group getting sued and taking the hit in paycheck.  (He was in a practice close to an inner city neighborhood where people are sicker and lawyers are thicker than flies on horseshit.)


Liability insurance in an area that has as great a chance of causing death or disability is also the largest expense for other companies that meet that criteria. Ever see the costs some companies pay for either Workers Comp or Liability insurance in heavy construction? The percentage is actually smaller than what doctors pay, but those companies remain in business.

quote:


So I'm sorry, but this nonsense that tort reform would only save 1.5% is on par with the growth of the economy during the Bush years- it's a vapor number that makes no sense when you dig into it.

Sam



But the reverse extreme, the position you are offering is also nonsense. Much of the objections and support I have been seeing is nonsense from both sides. Tort reform will assist a little in lowering costs, but until State Medical Boards start actually enforcing some of their regulations and laws, the only punishment many Doctors can suffer is a loss of money. Fix both sides of that, and then you have a viable solution. The reduction in costs is low on the priority list of things that can be addressed to lower costs though. ROI needs to be applied when addressing such a huge issue.

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RE: What the hell just happened? - 10/22/2009 5:52:53 PM   
cadenas


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Oh, I agree with you - lack of competition between health insurance companies is a major problem. But eliminating protections provided by states is not the solution to it. Nor is exemption from antitrust laws (which would lead to even further concentration).

quote:

ORIGINAL: tazzygirl

Some figures for ya.

quote:

HCAN attributed the following statement to the AMA in individual state reports: “The American Medical Association reports that the number of health insurance companies has declined by nearly 20 percent since 2000, and as a result 94 percent of insurance markets in the United States are now highly concentrated.”


and

quote:

In the past 13 years, more than 400 corporate mergers have involved health insurers, and a small number of companies now dominate local markets but haven’t delivered on promises of increased efficiency. According to the American Medical Association, 94 percent of insurance markets in the United States are now highly concentrated, and insurers are thriving in the anti-competitive marketplace, raking in enormous profits and paying out huge CEO salaries. Profits at 10 of the country’s largest publicly traded health insurance companies rose 428 percent from 2000 to 2007. In 2007 alone, the chief executive officers at these companies collected combined total compensation of $118.6 million—an average of $11.9 million each. That is 468 times more than the $25,434 an average American worker made that year. Moreover, the health insurance industry invests more in buying back its own stock and rewarding its shareholders than in improving system operations, reducing premiums, or in developing ways to pay doctors and hospitals fairly.


The report by the AMA can be found here

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RE: What the hell just happened? - 10/22/2009 6:06:33 PM   
cadenas


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quote:

ORIGINAL: willbeurdaddy
quote:

ORIGINAL: cadenas
Crossing state lines is a separate issue - and actually a trojan horse. The real reason insurance companies want that is to be able to evade the protections implemented by some states, such as California and New York. One result would be that health insurance would get more expensive for women and cheaper for men (because men would then be allowed to buy policies that don't cover pregnancy, and the cost of pregnancy coverage would be borne just by women).

Huh?

Only 10 or so states prohibit gender based pricing, and Ca isnt one of them.


I wasn't talking about gender-based pricing, but about requiring that all policies, even for men, include maternity coverage. But I was indeed mistaken; this is a bill in California, not yet a law.

More importantly, it does not change the fundamental fact that California has substantial additional consumer protections that are not in federal law.

quote:

ORIGINAL: willbeurdaddy
More importantly, there is no attempt to avoid doing business in states that do prohibit gender based pricing. It doesnt change the profitability of a policy as long as everyone selling in the state is playing by the same rules.


Exactly my point. By allowing out-of-state insurance companies, the rules would cease to be the same. Just look at what Delaware did for the credit card regulations on a nationwide scale.

Out-of-state insurance companies can already offer their polices anywhere they want. The only difference is that right now, they have to comply with each state's laws.


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RE: What the hell just happened? - 10/22/2009 6:16:36 PM   
rulemylife


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quote:

ORIGINAL: willbeurdaddy


quote:

ORIGINAL: rulemylife

Tort Reform Unlikely to Cut Health Care Costs

So far Republicans have mostly focused on tearing apart any reform with a role for the federal government, portraying it as the government dictating how long old people get to live. But an undercurrent of those complaints is the insistence of doctors, hospitals, insurance companies and ideological conservatives that medical malpractice claims are out of control and a leading cause of rising health care costs.

The health economists and independent legal experts who study the issue, however, don’t believe that’s true. They say that malpractice liability costs are a small fraction of the spiraling costs of the U.S. health care system, and that the medical errors that malpractice liability tries to prevent are themselves a huge cost– both to the injured patients and to the health care system as a whole.

“It’s really just a distraction,” said Tom Baker, a professor at the University of Pennsylvania Law School and author of “The Medical Malpractice Myth.” “If you were to eliminate medical malpractice liability, even forgetting the negative consequences that would have for safety, accountability, and responsiveness, maybe we’d be talking about 1.5 percent of health care costs. So we’re not talking about real money. It’s small relative to the out-of-control cost of health care.”




An "economist" who should be fired from a well respected institution for obfuscation. The fiction of the 1.5% has been debunked because it ignores the secondary impacts of avoiding law suits, and because the denominator includes costs not directly related to the provision of health care. Malpractice premiums remain the single largest expense in most medical practices.


Read the whole article, not just what I put here.  There are other sources who agree.

< Message edited by rulemylife -- 10/22/2009 6:18:16 PM >

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RE: What the hell just happened? - 10/22/2009 6:34:45 PM   
cadenas


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quote:

ORIGINAL: samboct
Tort reform is not a red herring-all you have to do is look at the number of tests that are being ordered and why.  Most physicians will tell you that they don't practice good medicine, they practice defensive medicine.  The doc doesn't prescribe tests to cover far out possibilities because he/she thinks its medically warranted- they do it to cover their ass.


You mean, they want to cover their ass because they know that they are exposing their patients to the risk of an undiagnosed diseases. Got it. Personally, I call that cutting corners.

quote:

ORIGINAL: samboct
Any doc in a major hospital will tell you that being sued is a constant threat- why are there so few obstetricians?  Because obstetricians can get sued for 21 years after they deliver their last squalling brat- and the only insurance they can get only covers them for the year.  Orthopaedics is next on the hit list by the way- which is one reason why there is such specialization.  (I don't do shoulders, I do knees.)


So why was that not a problem in 1986? According to the CBO, the number of malpractice lawsuits was virtually unchanged since 1986. And the average award has risen only moderately (about 8% per year, more or less the same rate as health care inflation).

quote:

ORIGINAL: samboct
Why do you think the US health care system has run so far amok compared to the rest of the world?  All countries have bureaucracies- is the US bureaucracy so much worse than anybody elses?


As a matter of fact, it is. Private health insurance companies waste as much as 30% of premiums on overhead (compared that with the 4% overhead in Medicare. Or even less from medical malpractice).

quote:

ORIGINAL: samboct
As noted above- malpractice insurance in a group can be one of the largest single expenses


It may surprise you, but I agree with you on that. Malpractice insurance premiums are indeed out of control in some parts of the country (although still only a minuscule part of the health insurance issue).

The real reason becomes clear when you look at how insurance works. Insurance companies don't go bankrupt from claims - not even hurricanes. But insurance companies do go bankrupt from investments going sour - such as AIG. And the malpractice insurance premiums rose right after the dotcom collapse. Insurance companies simply were recoup the investment losses by raising their premiums.

No amount of tort reform is going to change that.

The insurance business model is actually a very shrewed one: you collect premiums and promise that you'll later pay claims. The thing is that insurance companies don't actually make money on that. Some life insurance companies even go so far as to refund your premiums in full at the end of the term!

But they do make a ton of money by investing the premiums until a claim is filed, and pocketing the investment returns. The best part: no matter how risky the investment is, the insurance company will never lose money. If the investment pans out, they make a profit. If an investment goes sour, they raise the premiums (AIG is an exception; they lost too much money to recoup that way, and also were operating in a number of markets with regulated insurance premiums). And that's what happened with malpractice insurance.


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RE: What the hell just happened? - 10/22/2009 7:15:40 PM   
Fellow


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Obama insurance industry, medical providers, and pharmaceutical companies income enhancement bill?
Honestly, I have lost interest. No history in the making, just same old.


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RE: What the hell just happened? - 10/22/2009 7:21:30 PM   
rulemylife


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quote:

ORIGINAL: samboct
So I'm sorry, but this nonsense that tort reform would only save 1.5% is on par with the growth of the economy during the Bush years- it's a vapor number that makes no sense when you dig into it.


Well then, by all means dig into it.

Then come back when you can substantiate what you are saying.


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RE: What the hell just happened? - 10/22/2009 7:45:18 PM   
Termyn8or


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Tort reform. Hmmmm. What about the guy who got the wrong leg amputated ?

There should be no such thing as malpractice insurance. I can't get it, why should they ? Let them lose their assets when they don't know WTF they are doing. A piece of paper does not indicate competence. Professional means that they get paid, nothing more or less.

Incompetence is intolerable. Maybe noone agrees, but I do. Likewise I think there should be no car insurance. I'll be happy to drag out a team of lawyers and take your business, your trucks and cars, your house, half of what you have stashed in the olady's name and your firstborn son if I can pull it that far.

It's called personal responsibility for one's actions. Perhaps this is another lost notion in out lost nation. People can't understand cause and effect.

And if you can see the whole picture, who was hurt by rising rates due to malpractice cases ? Would it not be they who are suspect in even creating such a thing as malpractice insurance ? The insurance industry detected there was a need and filled it, the practice of any successful business. But what few realize is that they created and perpetuated the need.

Perhaps everyone can understand a much simpler metaphor : The reason I do not buy Craftsman tools. In the old days I swore by them, each tool was Xrayed, magnafluxed or whatever. They decided it was cheaper to make more tools and just give them out when their no longer superior tools break. After all they are charging a premium price. When you can buy the identical tool at the dollar store for about 10% of what a Craftsman costs, you can replace them all day long and still make money. Well that doesn't help much when I am laying out on a cold wet cement floor with a transmission on my chest. I need the tool not to break. I doubt I would buy them if they gave me two for one when they break.

So likewise I guess it's OK for me to never walk again because they amputated the wrong leg. Money can fix everything. Right ? Right ? Hey, I could've gotten an artificial leg for a few grand, but now that I am rich I have no need for legs. Is that the contention here ?

I don't need insurance or guarantees, I need competence in the first place. It is required of me where I work, and that is a surprisingly useless enterprise compared to the profit potential. They should not be asked to bear a terrible increase in insurance premiums that they'll never pay becaue it will be passed on to the customer. They should suffer the loss directly, and forget hush money. (boy that could piss of the Catholic church couldn't it ?) Make the whole thing public. The ex-heart surgeon might be doing manicures if things were really right in the world.

The problem is that I see no way to get there from here.

T

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RE: What the hell just happened? - 10/22/2009 7:58:47 PM   
scarlethiney


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quote:

ORIGINAL: SpinnerofTales

quote:

ORIGINAL: GraciousLady

It's just Obama is a very attractive and well spoken man that, sad to say, is a getting his way because he is black. Everyone is so wrapped up in the "WOW! We finally got a black president" no one is bothering to notice he's an idiot.


There are some who might say that that is a very openly racist comment. It might be pointed out that, whether or not you agree with his policies, he certainly isn't doing anything that hasn't been business as usual in DC for a very long time. It can also be pointed out that there have been a long line of white presidents that have gotten away with far worse than anything Obama has done and remained unscathed. To bring race into this discussion is both incorrect and unhelpfull.



  perfectly put!


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RE: What the hell just happened? - 10/23/2009 9:16:01 AM   
samboct


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"Actually the study recently done on how medical administration is done at the Mayo clinic disproves this. In a hospital that a Doctor has a financial interest in, there are significantly more tests run than in hospitals where the doctors only receive a salary. Now some of those doctors that are ordering tests to boost their income, may say it is to prevent litigation, but studies show otherwise. If you want the link just use the search function for a topic started by me about health care costs."

I looked for that link- I got an ABC news story.

Furthermore- the Mayo model proves only that salesmanship works.  Nor is the Mayo model applicable to the greater problem of health care.

Following reasons:

1)  Medical centers of excellence offer wonderful care to the people who can get there.  Lots of the population can't.
2)  Docs at the Mayo clinic are good targets for salespeople flogging expensive toys.  Docs in the middle of North Dakota are not.  Think that the business model of a doc in North Dakota might be a little different than at the Mayo clinic?
3)  All docs are terrified of lawsuits.  I've done enough primary data gathering- i.e. asking questions of enough docs to feel pretty confident on this one.  One way to avoid discussing a topic is to make sure that there isn't good data.  Who would collect the data on the medical profession as a whole- who would write the check for the study?  Hasn't been done, so we're forced to extrapolate from smaller groups to the profession as a whole.

"Again see above. Not to mention that it is the insurance companies that often force an out of court settlement, rather than spend the money to fight unsubstantiated claims."

It costs the insurance company six figures to crack a file on a malpractice case.  Their odds of success are very high- over 90% due to skilled lawyers and generally, the facts support the actions of the doc.  The insurance is still expensive- docs still get turned down for coverage even though the case has proved that they did nothing wrong due to the likelihood of getting sued again, and the doc has lost between 3 months to a year out of his/her practice in dealing with the lawsuit.

At Hartford Hospital in CT- all the orthopedic surgeons on staff have either got a lawsuit pending, or have had one in the past 10 years.  This is a well respected hospital with good docs.  I don't know of a business that can function with that kind of legal bill. Bear in mind that when the doc is tied up with the lawsuit, he/she is not seeing patients and they have their office overhead eating them up.   Hence, when somebody comes up with some statistics that show that the overall cost of malpractice insurance is low- I know that its nonsense since major metropolitan areas have non-viable crucial medical practices.

"But the reverse extreme, the position you are offering is also nonsense. Much of the objections and support I have been seeing is nonsense from both sides. Tort reform will assist a little in lowering costs, but until State Medical Boards start actually enforcing some of their regulations and laws, the only punishment many Doctors can suffer is a loss of money. Fix both sides of that, and then you have a viable solution. The reduction in costs is low on the priority list of things that can be addressed to lower costs though. ROI needs to be applied when addressing such a huge issue."

We've got some agreement here.  From a historical perspective, I think the problem arose when the AMA insisted that only docs were competent to judge the actions of other docs.  Consequently, even cases of gross negligence such as sawing off the wrong limb, operating while drunk, leaving scalpels inside a patient, did not result in loss of a license- and they should have.  So I agree that tort reform can't happen in a vacuum, but if we make the docs license less of a sinecure, I suspect that the "need" for malpractice lawyers will evaporate.  You should not be able to sue and win for a lousy medical outcome- that comes with the territory,  but gross negligence should result in the loss or suspension of the medical license.

"You mean, they want to cover their ass because they know that they are exposing their patients to the risk of an undiagnosed diseases. Got it. Personally, I call that cutting corners."

I don't- I call figuring out what tests are medically reasonable: good medicine.  Docs should not be ordering tests to cover the possibility of something with less than a double digit chance of occurring.  If every doc practiced medicine as in the TV show House- medical costs for the country would be orders of magnitude higher than they are now.  Luckily, most of us don't have such complex ailments.

Put it into dollars and cents when it comes out of your own pocket.

Want the doc to run every test under the sun when you have a sniffle?  OK- you pay for it.  Me, I'd rather not.  I suspect that if you had to pay for all those tests that your doc runs directly, you might have a change of heart.


Sam

(in reply to scarlethiney)
Profile   Post #: 60
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