Democrats Avoid Tort Reform in Healthcare Debate

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Most tort reform proposals include caps for pain and suffering,
limiting plaintiff attorney compensation, raising the standards for negligence and offsetting collateral payments. These are all elements of the current system which keep the balance of fairness somewhat in line.
If the plaintiff can essentially only get paid economic damages
then on average they will get less than that. As the father of a girl who was injured seriously by the medical system, I can say 1st hand the deck is stacked against the plaintiff. Defense has the resources, the time, experience to wear individual defendants out.
Take away the risk of pain and suffering awards, limit attorney pay, make the standard for negligence intentional and the balance of the scales will tip further in the direction of the defense.
Personally, I was amazed at the lengths the defense attorneys went to to win their case. They coached witnesses to lie,personally sought to attack our family and intimidate us--it was a real eye opener for a person who has been in business for 30 plus years.
We had the strength, knowledge, resources and savy to gut it out. What about the unsophisticated who don't?

Pete Nagle of NC 10:06PM November 04, 2009

The reason you pay more for medication in the U.S. thane other countries is due to economics, not a conspiracy. Ken this is a pretty extreme example you gave, but many of the medication in Mexico could also be expired or counterfeit. It's not unusual for things to cost different prices in different countries. Look at Europe, gas cost twice or three times as much per gallon than it does here. What cracks me up is people will spend $30,000 on a car and with interest $33,000. A car will last you at the most 10 years. Plus, add in maintenance after the three year warranty runs out, probably another three to five thousand, for a total spent $36,000 to $38,000. Average that over 10 years, that's over $315 a month. So people will pay $315 a month on a car, but complain about spending money on a medication that will save his/her life. Ken, what kind of car do you drive?

Andrew of IN 2:56PM October 19, 2009

Medical malpractice insurance is paid for hospitals, which forces them to raise costs to make a profit. Then, insurance companies have to pay for the rises in costs, which raises premiums. If you want to lower healthcare costs, one ingredient must be tort reform. It lowers medical malpractice insurance costs. The hospitals can now competively lower prices and still make a profit. This they will do. Then, insurance companies have to pay less to cover their customers.
And if your really, really facing dire financial straits and you get sick, go to Wal-Mart or Walgreens and get a 90-day supply of medicine for $10 so you don't have to face a rise in insurance cost.

billy bob joe of NE 4:59PM October 17, 2009

Caps can eliminate the ridiculous awards at the top end that charismatic, emotionally manipulative lawyers can seduce out of juries, but they are arbitrary, and a cap that's appropriate in one case may not be in another.
---Better to restrict plaintiff awards to reasonable actual and future damages, and direct punitive damages elsewhere. The degree to which a defendant's behavior is egregious or just an honest mistake doesn't correlate with the damages suffered by a plaintiff. Punishment is a separate issue from damages, and the former is the province of the state, not properly of citizen action. (Punitive damages going to a plaintiff in principle has much in common with giving an assault-victim a free shot at the assaulter, and at least a little in common with lynch mobs and vigilante action.)
---Punitive damages should go to the state, where they could be used for the compensation of victims who aren't so lucky in the tort-lottery, or where there are no culpable deep-pockets.
---This might also take some pressure off the inclusion of deep-pocket defendants that have no real culpability, a practice that defies moral sanity.
---The law isn't a moral system, strictly speaking, but it should observe at least a passing respect for justice.
---Real justice consists in outcomes appropriate to one's behavior, not that lame "social justice" ideal, that denigrates the ideal of getting out what you put in. Equality is a perfectly good ideal in its own right, but pushed to the extreme, it renders true justice null, since not everyone puts the same effort and accomplishment into society. Justice and equality are both social goods, but they are often in conflict, and need to be balanced. Extremists, though, tend to ignore the importance of goods that interfere with the politically-absolutist pursuit if their ideology's pet ideal. Making things worse, sometimes prevailing conventional wisdom is infected by extreme ethical illogic.
---While the right tends to push a hard-line notion of economic justice to the extreme (and it often ignores the advantages that many begin their economic lives with), the left's subordination of justice to equality in what it calls "social justice" or "economic justice" is more deceptive and pernicious. It's no wonder that the left is so aghast at the idea of authentic tort justice, and presses so hard to retain the current tort practices that in many cases amount to covert and arbitrary wealth-redistribution.

Bob long of MA 4:48PM September 21, 2009

Everything the Left does is hurting America in one way or another. So called HC reforms will ruin the best medical care in the world and it will cast even more: the only difference that the Washington bureaucrats instead of pharm. and hospitals will get the money and powers to decide for you what treatment they let you have.Look at other countries with the government run HC- they die of cancer due to rationing. 350,000 women will unnecessary die of brest cancer alone if the UK system will be implemented here. That's why Obama's "emergency" reform will be implemented only in 2013, AFTER Obama hopes to be reelected. This way Americans will have no chance to see with their own eyes what the Obamacare REALLY is about before it's too late.

Vladimir of IN 11:29PM September 14, 2009

If you want to make insurance affordable a great place to start is pharmaceuticals. How can a medication from let's Lilly cost $400.00 in the United States and for the same medication and same company cost $30.00 in Mexico. But, since pharmaceutical companies spend more on lobbing than anyone else things are not going to change. Saturday morning cartoons have ads for medication. Who are they marketing. When is this going to stop.

Ken Coleman of LA 3:34PM September 12, 2009

The single biggest avoidable cause of death and disability in developed countries, like the United Sates and UK is cigarette smoking.1 Also, smoking accounts for almost 15% of total health care cost and places a huge burden on our society.2 Furthermore childhood respiratory conditions have been linked to passive smoking and account for an estimated 19% of total expenditure spent on this condition.2
However, when you're the president and you want to knock doctors for unnecessary tests and insurance companies for raising rates, I think it's very hypocritical when he's a smoker. I just quit in May because I want to stay healthy and set the example for my patients in the future. I know it's difficult to quit, I'm going through it right now. The problem is the image he is putting out there - it's ok to spend $5-8 a pack(depending where you live), for a total of $5-$24 a day(depending how many packs a day you smoke) on cigarettes, but it's too expensive to buy health insurance at $10 a day.
1.
Parrott S, Godfrey C. ABC of smoking cessation – Economics of smoking cessation. BMJ April 2004; Vol.328
2.
Edwards, R. ABC of smoking cessation – The problem of tobacco smoking. BMJ Jan 2004; Vol.328

Andrew of IN 10:36PM September 09, 2009

I can't believe the democrats want healthcare reform, causing insurance companies, pharmaceutical companies, and health professionals to make less, but no tort reform. So it's ok for someone to file a malpractice suit, win millions, and the lawyer collects 40-50% plus attorney fees. This is a joke. The lobbyist are so strong for lawyers, that's why the democrats won't put it in the reform plan.
Then Daid Axelrod stated that it's not possible to open up state to state b/c of state law. This is ridiculous, the federal government could make this happen, this could drive down cost, but the democrats don't want it.
Last Obama says you can keep your own insurance. This is NOT TRUE. My fiance"s boss already told her employees if a government option is available, she will have to drop their health coverage b/c it will be cheaper to pay the fine. Any smart business owner will do this.
Then they want health insurance equal among people. HOW? Males pay more than females for car insurance. Younger people pay more than older people for car insurance. People who are accident prone pay more than safe drivers. Why is health care any different. There are people who take car of themselves and people who don't worry about their health.
No where in the constitution states health care is a right.

Andrew of IN 10:04PM September 09, 2009

i think instead of fussing and fighting about whose wrong or right someone should act responsible. The reason our country is in so much of an uproar is because people are continuously arguing over which side instead of finding a positive view on issues and trying to come up with a solution. Personally in my opinion: I think we should stop letting people in from other countries who cannot afford to be here. Not only are they taking jobs from Americans(who could be paying more for healthcare), but they are also a burden on america's finances expecially since there is loopholes everywhere you turn. When people from other countries step in and take our jobs it presents obstacles for us.We inturn look toward the government which creates obstacles for them.It seems to be a never ending circle. I know that this seems to have nothing to do with healthcare but it does. Bring those people back where they came from illegally and you will find your dollars for your extra tests that some people find it so unimportant for doctors to be sure about their patients. In conclusion, I think that we should help ourselves before we start helping other people but then again thats just my opinion.

Elizabeth Mcgee of LA 1:44PM September 08, 2009

Tort Reform first, then Medical Reform. I do work in the medical profession. As a nurse for over 20 years, I have seen the medical professions cost continue to rise. Why? Well, part is due to the high cost of equipment, lab test, procedures, etc. That's right America!!
You know those C-sections that the malpractice attorneys tell YOU that your doctor should have done sooner than later,but you didn't want or those drugs that you got like Reglan, that they are saying caused you to have tardive dyskenisias reaction. Well guess what? They cost. Recently, Reglan was brought under attack for the above mention reaction. This is nothing new America. In every drug book that I have purchased since 1989, this is a noted possible reaction to the drug.
So what I have seen over the past 20 years, are doctors that order labs, xrays, CT scans, more test to protect themselves. The same condition, 20 years ago, most doctors would have treated with instructions to return if worse. The end result, is a high bill, unnecessary expense to the patient, especially the one that doesn't have insurance. And don't let the Democrats fool you.
In the 1990's, the EMTALA laws and other measures insured that you would be treated and stablized at your nearest ER. It is for this reason, many hospitals are having to write off millions if not billions a year in unpaid medical bills that pt's could not pay. Bet the lawyers didn't advertise that on their commercials, did they?
Just like the tobacco companies who are being taxed, and fined, and run out of business by attorneys filing suits for people dying or dead from tobacco claims, they are doing the same with medicine today, private business tomorrow, and who knows what next week. That's right! Who chose to smoke all those cigarettes that your dying from? You!!Remember, it WAS YOUR RIGHT TO SMOKE!! So why should someone else pay for YOUR decision to smoke. It's only been documented since the 1950's that cigarette smoking can cause cancer, among other things.
Bottom line, is the reason that healthcare is so expensive, due in part is the medical establishment trying to protect itself from greedy attorneys who are dictating everything from the cost of drugs, to extra test being ordered. Oh, let us not forget how CMS has impacted reimburstment (they keep decreasing it every year) They are the one's who gave us Medicare! At this rate, between the lawyers and medicare,as well as insurance companies side stepping their obligations to pay for services that were administered, I almost wonder what healthcare in this country will be like in another 20 years!
True, something needs to be done. However, our President, like so many of our other lawmakers, are all lawyers. While they sit there telling us how they are going to fix the medical establishment, they need to look within themselves. Next time they spend thousands of dollars putting their ads on TV,they should add how they contribute to YOUR high cost of healthcare!!

Pablo of CA 4:59AM September 08, 2009