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: Kentucky Law Blog

TORT DEFORM: Is the legal system or the medical system that needs to be reformed? Sounds like physician, heal thyself.

By Michael Stevens

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In the last ten days, I have had two posts on the failure of medicine to heal itself from rampant costs and preventable medical mistakes that kill 98,000 patients a year.  

Reforms to the legal tort system by making victims receive less compensation to pay for their doctors' mistakes have not worked.  See, Herald Leader Op-ed: "Tort reform doesn't cut health costs

The medical system is killing 98,000 people per year as a result of medical mistakes that are entirely preventable.  See, Medical: Preventable medical mistakes kill 98,000 annually

Now, we have an op-ed indicating that unnecessary medical testing would save nearly $1 trillion annually.  ONE TRILLION BUCKS.  Imagine the stimulus from that kind of money.

Well, here is an op-ed post in the Courier Journal

Health-care reform is bogged down because none of the bills before Congress deals with the staggering waste of the current system, estimated to be $700 billion to $1 trillion annually. The waste flows from a culture of health care in which every incentive is to do more ? that's how doctors make money and that's how they protect themselves from lawsuits. * * *

Only with experience can anyone quantify the real value of realigning incentives. But surveys and studies repeatedly confirm what every doctor knows ? that they go through the day ordering tests and procedures that aren't really needed.

This is not a new tune, either here or elsewhere from 2008;

MEDICAL: 238,337 potentially preventable deaths of US Medicare patients during three year period shows where the real problem lies in the tort reform crisis? Is the AMA, KMA, and Chamber of Commerce listening?

Medicare Deaths

Insurance Industry Profits Through the Roof!;

Appalachian News Express editorial entitled "With malpractice claims declining, insurers should be held accountable" busts the medical insurer's claims for higher premiums is not accurate



Full post as published by Kentucky Law Blog on August 20, 2009 (boomark / email).

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