reply to post by ProfEmeritus
Good evening Prof! I appreciate your kind words.
That post was (by necessity) a synopsis; many many factors played smaller roles than the ones I mentioned, but I believe it represents the jist of how
we got to this place to start with.
As to your specific suggestions:
First of all, as you stated, malpractice lawsuits are certainly a part of the problem. Any solution requires a complete overhaul of the entire
torte system. One of the ways that auto insurance attempted to control costs due to lawsuits, was the limited torte waiver option for those buying
insurance. Perhaps this could be tried with health care insurance.
One area in the proposal I mentioned was that every civil medical case would have to be brought before a special court assigned to deal specifically
with medical cases and the members of this adjudication board would be rapidly rotated from the community. medical professionals would be bound by
this board's decisions, but plaintiffs would be able to move into higher courts if they were unhappy with the results. Also, no fees would be charged
and no attorneys would be able to argue cases
for either side unless, of course, the plaintiff was an attorney.
This would accomplish two things: one, awards would be limited, but available for those wronged. Since a segment of each board would be made up of
medical professionals, they would be under personal conviction to award as little as possible, but also would be loathe to send one of their own to
the regular court system where awards would be astronomical. therefore, their own interests would be to award a fair settlement, but not an outrageous
one.
For the plaintiff, this would represent a faster route to resolution, since they would bypass the regular court system and all its delays, and a way
to recoup damages without the expense of a high-priced attorney. It would typically be in their best interest to accept any fair award offered.
A second benefit would be to track incidences of malpractice and remove doctors (as well as other medical personnel) from service should they make too
many of those errors I mentioned earlier. That should decrease malpractice rates by removing the highest-risk doctors from the pool and limiting
awards simultaneously.
Generic drugs are another issue that deserves serious consideration. Any reform should require the use of generic drugs, if available, unless
there is absolute proof that the name brand is superior in the treatment.
I recommended placing a price restriction for pharmaceuticals, limiting them to a price tied to the lowest cost sold in any other country. If we are
talking about everyone sharing the cost as Obama wants, why not have the other countries share equally?
What's good for the goose is good for the gander. This would decrease the costs pharmaceuticals could charge here because they can't really raise
the prices to other countries and maintain sales.
Of course, I would exempt the cost where true charity donations are made.
Focus should be on prevention. Everyone agrees that the cost of preventative messures such as PAP smear, mammograms, colonoscopies, annual
blood tests, in the long run will save money and lives.
Very true, however it would be difficult to enforce such preventive measures. Rather, programs allowing for easier use of preventive care, such as
requiring a no-deductible yearly exam from all insurance policies, might prove beneficial. Such an exam could include those common tests you mention,
targeted by age, gender, etc. to specific high-risk groups. Of course, doctor's recommendation would be a reason to include them as well.
Government has a role to play: judicial, of course, and to make sure there is truth in advertising. Anything beyond that starts to worry me.
TheRedneck