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By
Dr. Joseph Mercola
with Rachael Droege
The cost of malpractice liability insurance is skyrocketing and
many doctors are choosing to go into early retirement rather than
face the rising premiums. Others are eliminating high-risk procedures
or relocating to states with lower rates. Even the perception of
becoming a doctor as a career has been affected, as medical school
admissions are decreasing and residency programs are not filling
up as quickly.
Recently, the Senate voted against a proposal to limit pain and
suffering awards in medical malpractice lawsuits to $250,000. The
cap would not have applied to economic damages such as lost wages
or medical costs.
Supporters of the bill said a cap on such awards could relieve
some of the cost burden on doctors and pointed out that a large
portion of lawsuit awards go toward paying attorney costs. They
claim that large jury awards and flippant lawsuits are to blame
for the sharp increases in malpractice premiums and say that patients
will lose access to care if doctors, especially those in high-risk
specialties such as obstetrics, continue closing their practices.
Those opposed said the limit would not do much to help doctors
or patients but would help insurers and drug makers. They say the
insurance companies are to blame for the runaway costs since they
lowered premiums artificially to gain market share and are now inflating
premiums since their income went down.
What does this mean for the average citizen? Rising malpractice
premiums contribute to rising health care costs, as doctors are
likely to order costly tests and procedures that may be unnecessary
in order to protect them from liability. The process, known as "defensive
medicine," is responsible for adding some $50 billion to medical
costs in the United States alone.
According to one national survey, 79 percent of doctors said they
have ordered more tests than necessary, and 74 percent said they
have sent patients to specialists more often than necessary due
to fears of being sued. Additionally, more than 50 percent of doctors
recommended procedures to confirm diagnoses, such as biopsies, more
often than necessary.
While tort reform is necessary, it does not appear that a solution
will be agreed upon in the near future. Worthy alternatives, such
as offering tax credits to doctors to relieve some of the insurance
burden, have been offered but for now it appears the issue of national
medical liability reform will remain unsettled.
When I first started practicing medicine my malpractice premiums
as a family practice physician were $5,000 per year. That rate has
now increased to $20,000 a year. Many of you know that earlier this
year I hired a new associate.
We were quite shocked to find out that the remaining liability carriers
in the state of Illinois have actually placed a moratorium on new
insurance and only secondary markets could be purchased. So the
price of the new insurance policy would be close to $50,000 a year.
Now I am absolutely not opposed to patients being compensated for
legitimate injuries they receive. However, it is more than clear
that the current system is seriously broken and designed to perpetuate
abuse. Frivolous suits seem to be the norm as patients don't risk
losing anything by filing a suit as a result of the contingency
system that has the lawyer pay for the initial expenses of litigation.
It is this very system that they use to justify the 70 percent share
of the fee that is typically awarded to patients. You don't need
to have a degree in economics to understand that is a system designed
for abuse and does little to serve the long-term interests of society.
Eventually, the system will self-correct as it has in many states.
However, many will die because the medical resources they needed
could not afford to stay in business. When enough people die and
are injured due to lack of health care professionals the legislators
will finally realize that there is a serious problem and the appropriate
legislation will be passed.
It will need to be a significant groundswell as it will need to
counter the major legal lobbies that perpetuate this nightmare.
Related Articles:
Experts Conclude Health
Care System is in 'Danger of Collapse'
Malpractice
Insurance Crisis Hits US Doctors
The American Medical
System is Nearing Collapse
America is Running
Out of Doctors and Nurses
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