[lbo-talk] Excessive Lawsuits, Gay Rights, Tort Reform,

[Jim Westrich]

I suspect Doug knows this but he is absolutely correct about this and James's
"nobody knows" is disingenuous at best.  The fact is people do study how
doctor's practice and know that the argument that "defensive medicine" drives
health care costs is at best insignificantly true.  This is so in two senses,
unnecessary tests and procedures with the sole purpose of "covering ones
posterior" is generally not a widespread phenomenon and secondly, not that
expensive in the sense it does exist.  If you actually observe how medical
professionals practice you will see that direct economic incentives and
training play the major roles (and this is the source of actual malpractice).

I cannot address all the issues raised in this thread but a simple prerequisite
of discussion would be the acknowledgement that malpractice law and health
outcomes are remarkably unrelated. That is, people sue for reasons that people
sue AND health care providers make mistakes for other completely different
reasons.  The landmark study in this case by the Harvard School of Public
Health showed conclusively that only a small part (like 6%) of avoidable harm
done by medical professionals result in litigation AND THAT only a small part
of medical malpractice claims come as a result of harm.

So, one can rail against the waste of a litigous society and fight the arrogance
and indifference that harms patients without ANY conflict at all.  The
Republican attack on malpractice is an attack on the lawyers and a defense of
provider money.  The harm done to patients or society is sadly (once again)
largely irrelevant in both the claims and counterclaims.

Jim

(The Doctor) said quit whinin'
He said straighten up and fly right
He said life is not a piece of cake
He wanted to know if my insurance was paid up
Well I'm O.K. You're O.K. if the check's O.K.
Second best hundred dollars I ever spent

     --Guy Clark


> --- Doug Henwood <dhenwood at panix.com> wrote:
>
> You forgot to quote the part where I said that the right-wing
> anecdote machine thrives on pretending that extraordinary things are
> actually quite ordinary, when they're not. In this instance, your
> view of litigat(ion driving medical practice is way overblown.

Quoting james at communistbanker.com:


> Neither of us knows the extent to which this happens. But when professionals >
are made accountable to external bodies without specific expertise, it will
> do no good.
>
> Meanwhile, the US medical sector offers probably the worst value
> for money in the whole world.
>