Senator Tom Coburn (R-OK)
Photo Credit (The Associated Press)
At the Blair House Health Care Summit, the impressive Senator Tom Coburn (R-OK) was among the first on the Republican side of the table to speak. It is generally agreed that America’s health system has problems. It costs too much and treats too few.
Coburn knowlegable:
It is evident after listening to Dr. Coburn that this guy knows a lot. He came to medicine relatively late in life after graduating college with an accounting degree prior to going to work for his family’s medical related business. After the family sold out, Tom Coburn returned to medical school, interned to become a surgeon, and did a residency in family medicine. He is rightly proud of his private achievements. A call to his Capitol Hill senatorial office is answered as “Dr. Coburn’s office.”
Three edged sword:
Medical malpractice liability reform is a three edged sword. Malpractice premiums are all over the ballpark like a leadoff singles hitter who sprays bloop fly balls to the short zones of any outfield. They depend on the state and region in which the doctor practices and the specialty area. Oddly, unless the physician has had an exceptionally bad experience, his or her record is secondary when premium setting. From the patient side, it is difficult to argue against compensation for a patient who has been injured by provider negligence. And from a pragmatic societal view, we have to accept that while medicine is a science based discipline, it is called the healing art for a reason. Providers make honest mistakes and misjudgments. Patient outcomes are not always predictable.
If you were in Dr. Coburn’s shoes, you wouldn’t want to be sued either. You would fight to reduce the possibility. You would want to mitigate any possible damages.
Claim resolution:
As his patient, in the case of his negligence, you would want to resolve your claim quickly. If injured, you’d want to get your compensation now rather than in the four to seven years it currently takes to litigate.
At the far end of a long litigation, you may have gone bankrupt or died, or just left an estate for your family. The outcome is not very satisfying to your situation in either case. You realize that you need to pay for your attorney’s time, but bristle at the notion that your portion of any award is less than your solicitor's.
The value of life:
How do you put a value on a human life? Is any one worth less than any other? Yet, this is exactly what we expect a jury of our peers to do in malpractice trials. As a society, there have to be limits and rules or our feelings of compassion will write checks our nation can’t cash.
As a society, a good argument can be made for medical malpractice liability litigation rules that caps exposure for physicians, stabilizes malpractice premiums, assures fair compensation for patients injured through negligence, and speeds up the process.
Tort reform pivotal to health reform?
Is medical malpractice litigation reform pivotal to health delivery reform? Medical malpractice awards and litigation costs make up about one half of one percent of health care expense. It is kind of like trying to spit into the ocean from the upwind side. It is a reason to oppose the Democratic solutions. The kinds of reforms being proposed already exist in 40 of the 50 states. They would federalize something that has always been a state responsibility.
Malpractice insurance premiums seem to average between seven and nine percent of a doctor’s revenue. To be fair, premiums do vary all over the place because of location and specialty.
What about the problem of defensive medicine? That is where we pick up the discussion tomorrow.
Al Portner is a former daily newspaper editor and publisher in seven states and author of the forthcoming “Mark Twain and the Tale of Grant’s Memoir.” Portner is also the proprietor of The Assignment Desk, LLC and provides writers, editors, and photographers for numerous kinds of contract projects from proposals and speeches to public relations and journalism. Reach him at alanportner@gmail.com.
Next: The problem of defensive medicine
For more info:
Malpractice Reform Part 1
Malpractice Reform Part 2
Coburn biography
A primer on malpractice insurance
The high cost of health care in McAllen Texas
Massachusetts Medical Society on Defensive Medicine
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