Tort Reform Failure

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by Joe Steel, Jan 16, 2010.

  1. Joe Steel
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    Joe Steel Class Warrior

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    A dearly cherished myth of the anti-health care cult is tort reform. They steadfastly believe it to be the solution to the health care problem.

    It isn't.

    Tort reform doesn't work.

     
  2. Full-Auto
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    LOL Please explain PA. Thanks.
     
  3. Baruch Menachem
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    Baruch Menachem '

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    Guy is not very good at running a three card monte trick, is he?
     
  4. Navy1960
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    In 1993, the Office of Technology Assessment issued a report summarizing the first wave of studies on the experience of states that set limits on malpractice liability in the 1970s and 1980s. The report concluded that caps on damage awards consistently reduced the size of claims and, in turn, premium rates for malpractice insurance. Further, it found that limiting the use of joint-and-several liability, requiring awards to be offset by the value of collateral-source benefits, and reducing statutes of limitations for filing claims were also effective in slowing the growth of premiums.(10)

    More-recent studies have reached similar conclusions. A 2003 study that examined state data from 1993 to 2002 found that two restrictions--a cap on noneconomic damages and a ban on punitive damages--would together reduce premiums by more than one-third (all other things being equal).(11) And based on its own research on the effects of tort restrictions, the Congressional Budget Office (CBO) estimated that the provisions of the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 (H.R. 5) would lower premiums nationwide by an average of 25 percent to 30 percent from the levels likely to occur under current law. (The savings in each state would depend in part on the restrictions already in effect there.)
    Limiting Tort Liability for Medical Malpractice

    As many in the healthcare debate like to cite the CBO as a the justification for the current mess of a bill that is being pawned off as reform , I thought that some would like to see exactly what the CBO had to say about tort reform.
     
  5. Joe Steel
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    Well of course the size of damage awards decreased. That was the whole point. And the recent study noted a slight decrease in premiums level.

    So?

    None of that had an effect on the health care problem. As the study noted:

    Tort reform is not an effective policy for current health care problems. Who cares what premiums doctors pay.

     
  6. Joe Steel
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    Joe Steel Class Warrior

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    What's your point?
     
  7. Full-Auto
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    Simple the tort reform in pa, has killed your premise, You may want to look into it.
     
  8. Joe Steel
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    Even insurance companies admit tort reform is scam:

     
  9. Joe Steel
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    Sum it up for me. Make an argument. A vague reference to something you think happened isn't enough. Show me.
     
  10. Full-Auto
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    Make an argument, there is no argument.

    Pa introduced tort reform that reduced the number of lawsuits filed without a cap.

    This was done by increasing the threshold on which a suit could be filed, I dont recall the exact percentage, But if memory serves it was 48.2 %

    there are many ways to do this and still protect the trial lawyers if thats what you are concerned with.
     

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