More on the Nevada tort crisis

Even as I write this, my home state of Florida continues to be a battleground between trial lawyers and physicians. Governor Bush had to cancel a third special session of the state Legislature last week after two previous sessions failed to break a stalemate between the House and the Senate.

The insurance companies, of which only four are left from a field of 60 only ten years ago, remain under blistering attacks
for “unconscionable” practices and as being responsible for the escalating crisis. The $250,000 cap on non-economic damages has been passed by the House, is favored by more than 70% of Floridians, but a truculent Senate controlled by lawyers (and by Republicans) has continued to torpedo a bill based on caps. The bill encompasses most of the suggestions of a task force study from the five presidents of Florida’s biggest universities, with the caps as the cornerstone of their recommendations.

The GAO study at least should lay to rest the idea, propagated by the trial bar, that large insurance losses from investments are behind this recurring malpractice nightmare. When the experiences of California and Minnesota, for example, show that caps do work in tandem with other tort reforms, it is hard to understand why this propaganda is still being spread around.

I know this subject has been beaten to death in your forums, but it is important for Americans to understand that they would be the biggest losers if no meaningul reforms are enacted, in the face of massive evidence that large malpractice losses, not insurance practices, are the culprit.

To reduce risk, doctors perform redundant and unnecessary diagnostic tests and offer only middle-of-the-road medical advice and procedures, even when they know that other treatments would be more beneficial. Not only does this escalate expenses and pad the doctor’s wallet, but it also wastes a tremendous amount of time in hopes that the cattle will die and the risk dissipates. Doctors are not performing procedures and tests to resolve medical issues, but instead dance around issues to cover or avert errors and reduce risk. Accordingly, as long as the doctors “do something,” regardless of the outcome, then they have done their job, according to the powers-that-be.

It’s a trade off. Sub-standard care is politically acceptable to limit risk, which in turn raises risk because of sub-standard care. To avoid the resulting risk, the political system relieves the medical community of accountability. This downward spiral only demonstrates that the politicians are aware of the situation, but are not seeking any resolution. Now, the brunt of the risk is absorbed by the patient in that they’re paying for care that they’re not obtaining, especially once the doctor errs and is unwilling to accept responsibility. When you buy a car, the dealer is willing to provide support and repairs, even when they err. As naïve as this may sound, I would assume that human life is more precious than an automobile, which makes me wonder why the standards of quality are higher for car maintenance than they are for human care.

Not to mention the fact that this malpractice crisis and tort reform has created a breeding ground for additional deceit and a mechanism to raise the status of the inept in the medical community.

Sadly, I take my information from personal experience, media contacts, medical malpractice attorneys, med mal investigators, and research.

I do agree that, indeed, doctors are good targets for lawsuits and do require some level of reasonable protection through the legal system — just like the rest of us. However, this inept display by legal, government, and regulatory agencies not only protects the doctors by removing all accountability, but it also endangers the public. I see this as utterly ludicrous as when you are dealing with the most precious thing on this planet, human life, and you are not held accountable, it turns into a matter of “life and death on a conveyor belt.”

I can understand how such comments would unnerve some; however, it is a sad state of affairs when the “protected class” of the medical practitioner adversely affects the general public. Doctors play at odds with their patients to deflect potential risk. It is fact — yet it is also an abuse of health insurance and the misguided trust that we place in medical practitioners.

The one thing that I am sure of is the survival of this new protected class in Nevada. Even if Nevada were to become a ghost state and the only people left were doctors, they could still make a reasonable income by maligning each other. That is, until they eventually exterminate each other through inept practice. However, as is the case in today’s environment, it’s not the best man that will be left standing — it will be the one that acquired his medical degree for $50 at some online school in the Dominican Republic.

The above comments were posted by me.

Greg:

Just as quick note, after reviewing your post again. You are spouting sales literature followed by personal insults. This tells nothing except that you read and have a sensitivity issue. However, as you noted, all Americans don’t hold your view and attempting to sway through these tactics is nothing more than a way to try to simply quiet the issue without resolution. Come up with something other than sales lit and I will listen. Until then, enjoy your insults as they merely reinforce my points.

Best,

Ed

I think mr. garcia missed his calling.If he wanted to help mankind ,he should have become a Veterinarian.Lawsuits are low money is good,and,your patients keep their shut,as far as their opinions.It might be a little harder though, seeing how the patient can’t tell you what is wrong with them.