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10 September 2009 @ 03:55 pm
tort reform  
Many claim that a huge part of health care cost comes from patients and their lawyers suing the pants off the health care providers. Here's my suggestion: Why not take that out of the equation by following the example of the car insurance companies: "No fault". Damages caused by accidents during medical treatment, poor workmanship, and even malpractice are paid up for by the insurance companies through a simple assessment, without looking for guilt or punishment. Awarded damages can be reviewed periodically and adjusted accordingly. You can only sue over the most egregious misconduct, criminal intent and similar categories.

Wouldn't that make things a lot cheaper? Insurance companies are certainly able to assess the risk of accidents and put a proper price tag on it. A price certainly lower than having to pay lawyers and experts on both sides of a lawsuit. There is certainly a chance of abuse, misjudgement and other bad decisions, but with a system to appeal decisions many problems can be eliminated or limited. Also, I believe many victims would be just fine with some kind of lower compensation, when compared to long drawn out and risky processes.







 
 
( 5 comments — Post a new comment )
Ron[info]ronsrants on September 10th, 2009 09:14 pm (UTC)
Cutting out the middle man health insurer is another way to reform torts. That way, there are fewer deep pockets involved.

-R
schmengie[info]schmengie on September 10th, 2009 10:21 pm (UTC)
health reform will limit what doctors make. Why not limit what lawyers make? couldnt be that the congress is full of lawyers and the democrats are in bed with big law could it?
adbjupe[info]adbjupe on September 11th, 2009 02:39 am (UTC)
Of course it could be. Fat chance that this will pass.

On the other hand, who keeps the insurance companies from doing it anyway. To me it looks like a simple contract between the insurers and the insured.
jpmassar[info]jpmassar on September 11th, 2009 02:27 am (UTC)
Many claim that a huge part of health care cost comes from patients and their lawyers suing the pants off the health care providers.

Actually no one with any real data claims that; just people with ideological convictions. The more reasonable claim is that because doctors are afraid of being sued, they practice defensive medicine (this is the case Obama made in his speech), and thereby ratchet up the cost of health care.
adbjupe[info]adbjupe on September 11th, 2009 02:36 am (UTC)
In this case, my suggestion would create the same outcome, since the doctors won't fear lawsuits to much anymore.
 
 

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