Excerpted from IBD: Tort Reform Is Key To Health Reform, August 24, 2009
Many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs.
A 2006 Harvard School of Public Health study found that 40% of medical malpractice lawsuits filed in America each year were “without merit.”
Nonetheless, defending against such lawsuits imposes costs on doctors, hospitals and insurers that invariably are passed on to health care consumers.
Beyond the obvious costs of litigation, more subtle costs related to the practice of “defensive medicine” are contributing to runaway health care inflation.
How much? In a Massachusetts Medical Society survey published last November, 83% of physicians cited the fear of being sued in their decisions to practice defensive medicine.
On average, 18% to 28% of tests, procedures, referrals and consultations and 13% of hospitalizations were ordered to avoid lawsuits. All of this adds at least $200 billion to annual health care costs.
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President Obama should reconsider his stated opposition to limiting non-economic damages in medical liability litigation.
The president and Congress should also consider additional liability reforms, such as medical courts, administrative compensation programs, “early offers” and “safe harbors” for physicians who practice in compliance with evidenced-based clinical guidelines.
If comprehensive health care reforms are to succeed, they must include liability reform.
Certainly real victims of negligence must be fairly compensated, but public policy must discourage litigation that abuses our civil justice system and makes health care less accessible and more expensive.
Full article:
http://www.ibdeditorials.com/IBDArticles.aspx?id=336004677519666
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