Wow! This blog has had an almost exponential increase in commentary from readers. This is a great thing.
When I first started this blog, I had no idea what it would become. I knew that blogging would affect how I thought about medicine, and hoped that I would develop an audience which would both cheer and jeer. That has happened.
Generally the comments remain civil (although occasionally passions do rise). If you do not regularly read the comments, I recommend them as an interesting way to hear other sides of an issue. When you find a rant that you find interesting, return to it and follow the discussion.
Today I want to mention a couple of commentary issues.
First, regularly someone will post the details of their or their loved ones experience with malpractice. These stories are poignant yet should not change the discussion. We all recognize that malpractice occurs. We all believe that patients should receive appropriate compensation in these cases. We may disagree on the definition of appropriate. The debate (at least as I understand it) should not focus on whether malpractice occurs, but rather how best to find it and distinguish it from bad outcomes not due to malpractice. I will continue to argue that expert panels (as recommend by Common Good) would do a better job of increasing both sensitivity and specificity (fancy medical decision making talk for identifying a higher percentage of true malpractice while decreasing the percentage of bad outcomes labelled as malpractice). I believe that such a system would better protect both patients who suffer consequences of malpractice and future patients (by having a system for disciplining physicians).
Enough malpractice – although I know that it will remain a major issue on this blog because it does cause so much passion.
Now malpractice insurance – once again I must challenge our lawyer friend Aaron. He writes:
Malpractice costs should be part of office overhead.
In this comment he implies that physicians asking for fees to cover malpractice are being silly (his words not mine). He also implies (but does not say) that one can recover overhead costs by increasing income. But that is the problem. Physicians do not work in a free market. We have almost no control over fees. These fees are set by CMS, managed care organizations, Blue Cross and commercial carriers. Thus, when our overhead increases, our “profits” decrease. Unlike almost all businesses in this country, we cannot pass increased overhead costs on to our “customers”.
Now to the pharmaceutical industry. We continue to have spirited debate on how evil the pharmaceutical industry is. I have often attacked that industry, and will probably continue to do so. However, any attempts to blame high drug costs solely on the pharmaceutical industry are disingenuous. Physicians are a major part of the problem, and thus we should be the solution.
I act out my philosophy. I have not accepted visits from pharmaceutical reps for around 15 years. I have a $10 rule – I will eat lunch at a noon conference (as long as they did not choose the speaker), and that remains the extent of what I will accept.
Physicians should divorce themselves from pharmaceutical influence. We must take responsibility, and quit whining about the “drug companies”. We can influence them if we would only make rational cost-effective decisions.
===============
I expect more commentary – and welcome it. My email now receives large numbers each day just from this blog.
If you have ideas of issues that I should cover – please make suggestions. I use some, and ignore some. Afterall this is my ranting post, and I will rant about whatever catches my fancy. I hope that some of my rants intrigue you, and even drive you to passion. If I do that, then I am contributing to the debate. As we debate, we clarify our thought, and that must be good.
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{ 9 comments… read them below or add one }
This blog has succeeded, in large measure because of its contemporaneous contents, DB’s astute comments (though we don’t always agree with him) and his ability to pique the passions, whether right or wrong, of his readers.
Aaron’s piece is an example. On the surface, it sounds attractive but at its core is just another sway to swindle our patients to benefit the lawyers. Furthermore, it’s unethical and illegal to boost our usual fees with that add-on.
There ought to be better ways.
Patients who are injured by negligence ought to be compensated, but lawyers don’t have to be partners in what has become a lucrative entrerprise for them. The current system has only bred contempt from every side, with the acrimony getting more heated. And the question of whether it is a just system continues to linger.
I have always thought California, with its MICRA, offers the best model for the rest of the country to adopt. In the face of many state legislatures’ failure to pass similar reforms, mainly because of the trial bar’s heavy influence, the concept of an independent panel of experts to adjudicate malpractice cases in place of lay juries appears to be a sensible solution. (The details of this were explained in depth by DB in one of his recent blogs.)
One measure of the bitter fighting between lawyers and physicians is being seen in Florida where countervailing amendments are on the ballot. If all of them pass as the polls indicate, it is expected there would a lot of confusion, suits and countersuits, and more fighting. In the end, justice is not served, and medical care to over 17 million Floridians will be eroded in the process.
My plea is for all sides to get together and solve this budding crisis that would be fair to physicians, lawyers and patients. It’s time to end these battles that only lead into more expensive wars that never end.
You have a remarkable give for missing the point – perhaps on purpose? Or is it that when the word “malpractice” is mentioned, you just can’t think clearly. The notion of an overhead expense is not complicated.
If you’re complaining about insurance companies limiting your fees, why not do what you pretended patients should do – drop out of the insurance plans, and let your fees be determined by the free market?
RGL, I’m not sure what you are yammering about. Can you clarify your second paragraph, such that it is a complete thought? Surely you aren’t claiming that it would be “unethical” for a medical office to treat the cost of a secretary, or its premises liability insurance coverage, as an office expense, or even its stationery supplies, such that a doctor would be forced to surcharge patients for those basic office expenses?
Simple, Aaron. Our fees cannot exceed those approved by Medicare and private insurance companies. Adding extra fees would not pass either legal or ethical guidelines. That may be allowed elsewhere, but not in medicine. We treat our profession as a sacred trust, not as a business.
RGL, are you intentionally refusing to answer a very simple question? I can’t believe you lack the intelligence to do so, so it *must* be an intentional refusal….
Aaron said “The notion of an overhead expense is not complicated.”
Indeed. Malpractice costs, in the form of insurance premiums and uninsured risk, are by definition part of overhead. (If anybody has a counter-citation from the Generally Accepted Accounting Principles, I’d be glad to see it.)
Reclassification is just a shell game anyway. Expenses must necessarily be paid for out of revenue. Trouble is, revenue is highly inelastic thanks to oligopolistic payers, whilst the demand for malpractice jackpots is infinite. Something has to give, and there are only three possibilities on the balance sheet:
Firstly, expenses could be cut. However expenses have already been minimized, so the only way to cut them further is to cease business operations. (Change careers, move somewhere with lower expenses, retire early, or borrow money that cannot be repaid.)
Secondly, malpractice payments can be decreased by witholding care to high-risk patients. In other words, the very sickest, whom the trial lawyers endless tell us deserve a particular standard of care.
Thirdly, by reducing malpractice expenses. This also amounts to turning away the sickest and neediest. “Sorry, you really need a doctor, so you can’t have one.”
Aaron also said “If you’re complaining about insurance companies limiting your fees, why not do what you pretended patients should do – drop out of the insurance plans, and let your fees be determined by the free market?”
Most insurance premiums are tax-exempt. Most “free” market payments are paid with after-tax income. The differential amounts to around 30%. So that approach would only buy 2/3rds as much medical care. “Sorry, but you don’t participate in an approved oligopoly, so you only get heart failure drugs for 20 days each month. Good luck!”
Aaron also said “I can’t believe you lack the intelligence to do so, so it *must* be an intentional refusal…”
A solid example of the The False Dichotomy. Alas, not an effective sophistry with a thoughtful audience.
I’m a 4th year at Huntsville and we ate at Applebee’s a few weeks ago. I found the site through Grand Rounds.
I have no problem with the idea of accepting even a $20 lunch. I do not think much of a physician who will change a prescription in exchange of such pittance. Now, a golf vacation to Hawaii is a different matter!
How come the drug companies never give me those Hawaii scuba vacations I always hear about?