[lit-ideas] medical liability reform
- From: Eternitytime1@xxxxxxx
- To: lit-ideas@xxxxxxxxxxxxx
- Date: Sat, 9 Oct 2004 13:56:55 EDT
Here is more analysis of some of the statements made last night:
(I did think that Kerry might have responded better to that--because most
people are not aware of (especially) what the Congressional Budget Office says
in terms of how caps will not lower the insurance costs (or either doctors or
us regular people...though it will save the insurance companies lots of
money...Also, Edwards has been a proponent of the whole way to deal with
frivolous lawsuits. I've talked with Tim Dollar who is a trial attorney who
specializes in nursing home abuse and neglect cases. He talks about the
screening
process that has to take place if you are going to be able to be successful in
those cases--and it is pretty rigorous. He does not take them if it is not
absolutely clear that it was abuse or neglect--recognizes that sometimes it
was
simply 'time' for the patient to leave this earth and then has other
recommendations to assist the family in dealing with things. He does not, sad
to
say, lack business dealing with the abuse and neglect that IS obvious...)
Just fyi...The rapid response center is kind of interesting. The KCforKerry
people have put most of them together for us in a nice format...If anyone
wants it...
_http://blog.johnkerry.com/rapidresponse_
(http://blog.johnkerry.com/rapidresponse)
Marlena in Missouri
BUSH VS. REALITY - Medical Liability Reform
BUSH CLAIMS: â??First he says he's for medical liability reform.â?? [Bush,
10/8/04]
RESPONSE: John Kerry has More Ambitious and Effective Medical Malpractice
Plan. He will eliminate the special privileges that allow insurance companies
to
fix prices and collude in ways that increase medical malpractice premiums;
require that individuals making medical malpractice claims first go before a
qualified medical specialist to make sure a reasonable grievance exists;
require states to ensure the availability of non-binding mediation in all
malpractice claims before cases proceed trial; support sanctions against
plaintiffs
and lawyers who bring frivolous medical malpractice claims, including a
â??three
strikes and youâ??re outâ?? provision preventing lawyers who file three
frivolous cases from bringing another suit for 10 years; and oppose punitive
damages
â?? unless intentional misconduct, gross negligence, or reckless indifference
to life can be established. Newsweekâ??s Jonathan Alter wrote that the
provisions of the Kerry-Edwards reform plan were more aggressive than Bushâ??s
in terms
of standing up to lawyers. Alter wrote that Edwards had â??a tort-reform plan
that goes beyond Bushâ??s in sanctioning lawyers who file frivolous
lawsuits.â??
[www.johnkerry.com; Jonathan Alter, Newsweek, 2/16/04]
Bushâ??s Plan Will Not Reduce Costs and Will Only Benefit the Insurance
Industry. The 2003 Weiss Report found that despite caps on economic damages in
19
states, â??most insurers continued to increase premiums [for doctors] at a
rapid
pace, regardless of caps.â?? The report found that caps only slowed the
increase in the size of awards insurers paid, and that insurers failed to pass
alo
ng any savings to those physicians in states with caps by refusing to lower
physiciansâ?? insurance premiums. The Congressional Budget Office found
malpractice caps would only reduce health insurance premiums by 0.4 to 0.5
percent.
[Weiss Report, 6/3/03; Congressional Budget Office, 1/8/04]
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