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Why we need medical justice reform
Posted by Eric Wilson on September 09, 2009
Tonight, during his address to a joint session of Congress, President Obama finally acknowledged the need to address the problem of defensive medicine, saying,

Finally, many in this chamber – particularly on the Republican side of the aisle – have long insisted that reforming our medical malpractice laws can help bring down the cost of health care. I don't believe malpractice reform is a silver bullet, but I have talked to enough doctors to know that defensive medicine may be contributing to unnecessary costs. So I am proposing that we move forward on a range of ideas about how to put patient safety first and let doctors focus on practicing medicine. I know that the Bush Administration considered authorizing demonstration projects in individual states to test these issues. It’s a good idea, and I am directing my Secretary of Health and Human Services to move forward on this initiative today.

We've been focusing on medical justice reform a lot at the Health Caucus. Chairman Burgess even asked President Obama this question during a town hall during July. We're excited the President is coming around and recognizing the need to address this issue. Here is a snapshot of the problem and what needs to be done about it.

Soaring malpractice costs limit access to quality care…

 

1 in 7 obstetricians no longer deliver babies

49% of America’s counties don’t have an Ob/Gyn

75% of neurosurgeons no longer operate on children

50% of neurosurgeons and 25% of ER doctors are sued every year

48% of medical students avoid specialties based on liability concerns

 

Lawsuits drive up costs unnecessarily…

 

There are 125,000 lawsuits against physicians at any given time

75% of suits are closed without payment to the plaintiff

In 83% of cases going to trial, physicians are cleared

Physicians spend $94,000 per case on average that they win in trial

$19,000 is the approximate cost for a dropped suit

79% of doctors order more tests for fear of being sued

The federal government estimates $70-$126 billion could be saved on defensive medicine

 

There are solutions…

·         California led the way by placing caps on awards for non-economic damages in 1976

·         Medical liability premiums increased by a rate of 282% between 1976 and 2003. In the rest of the country, premiums grew by 920% over the same time

·         74% of Americans support limiting the amount a jury can award to compensate for “pain and suffering”

·         In Texas, where caps were enacted in 2003, the state has seen an increase in new physicians

·         26 counties that previously had no ER doctor, 10 that had no obstetrician, and 7 that had no orthopedic surgeon now have at least one

·         Charity care rendered by Texas hospitals has increased by 24% - $594 million in free care

·         Texas physicians have saved $574 million in liability insurance premiums

 

If President Obama is serious about reforming our medical justice system, he will advocate comprehensive liability reform.
Comments
The opinions expressed below are those of their respective authors and do not necessarily represent those of this office.
  • Rachel Russell commented on 9/10/2009
    Tort Reform? Trickle Down does not Trickle down! The Doctors would just pocket the savings just like they already do with their $$. TX Medicaid system only will help me NOW if I get pregnant. To me, I would rather support one person, rather than them and their child they cannot afford. For me to get pregnant would be an act of stupidity/desperation due to lack of health insurance. My severe Narcolepsy with Cataplexy, Fibromyalgia, Rheumatoid Arthritis, Chronic Lyme’s Disease, and Diabetes, I did NOTHING to contract. Pregnancy, except for cases of Rape/Incest is self-caused. Why only help the pregnant? Medicaid for all under 133% of the Poverty Line in TX and all USA NOW. Get Health Reform Bill Passed NOW! TX Medicaid Sucks!
  • Jack Hildinger commented on 9/12/2009
    Tort Reform works. Rachel says that the doctors just pocket the money. Yes, they do. That money belongs to them. They get to decide what they do with it. This is America. Yet, during the same time medical charity increased by almost exactly the same amount. So Rachel those doctors and the organizations they work with *gave* that money away to the needy. They chose to give it away. May God Bless them for this is America. In a free society, individuals may choose give their own money away to the needy. In a Socialistic society, people may choose to give YOUR money away to the noisy...
  • Jean Barnes commented on 11/10/2009
    I support tort reform. I don't think tort reform alone will significantly bring down the cost of health care but it is one of several things that can be done to really make a difference. If this administration really wants to make health care better and more affordable for the American People then I would think they would want tort reform, open up state lines to purchase health insurance etc.. It is obvious to me that this administration is just after power and control. Why else would they throw out the most obvious ways for true reform? I do not want any of my money going for abortion or what I consider murder. There are so many different forms of contraception on the market today to keep from getting pregnant. If one does get pregnant then it is because they either made that decision or were irresponsible. It isn't always easy to be responsible or accountable and many would say that a mistake like becoming pregnant (especially a young teen) can ruin their life. I say no, the consequences of ones actions are meant to teach. It may change their life but again that is the consequence of their action.
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