Great article by Michael Hiltzik on LA Times today about tort reforms role as health cares circus sideshow. As Hiltzik puts it:
“Insurance companies love it because the less money they pay out to plaintiffs, the more they get to keep. Republicans love it because trial lawyers give three-quarters of their political donations to Democrats. And Democrats pay it lip service because theyre afraid to look like lawyer lovers.
Couldnt have said it better myself. In almost every political discussion, the giant elephant is self-interest. No one wants to accept that we all argue from our own self-interests. The unfortunate problem is that too many of us are losing sight of whats actually good for us. Misdirection and slight-of-hand are big business in politics today.
That facts according to Hiltzik are:
“Medical liability isnt a big driver of health costs overall. Studdert estimates the cost of malpractice litigation, in court and through defensive medicine, at roughly 2% to 3% of all U.S. healthcare spending ” in other words, no more than $50 billion out of a total annual bill of $1.7 trillion. (Youll hear estimates as high as $200 billion from outfits like the American Medical Assn., which is the antithesis of an objective source.)”
The insurance lobby spends big money to convince Americans that frivolous medical malpractice cases are the reason they can’t afford health care. While there is no doubt that frivolous cases are filed every day, these cases account for very little of the health care problem in America today. Tort reform is one of those hot button topics that gets everybody fired up, but doesn’t really offer any solution to the greater problem. In fact, we are quick to forget that lawsuits are one of the main checks that drive quality health care in our country.
Tort reform has simply not solved the problems as promised. In almost every area that tort reform measures like damage caps have been implemented, there has been little to no change in health care costs. The real tragedy of tort reform is that plaintiff’s with legitimate claims go without help and without care for their serious medical needs.
