| Replaced_Texan |
01-04-2006 11:15 PM |
Tort Reform!
Quote:
Originally posted by Spanky
The doctors are not afraid of insurance companys. That is absurd. Half the leadership of the Republican party in this area is doctors. The former head of the AMA is chairman of the local Republican central committee. He doesn't blame the insurance companys at all. None of the doctors do. They blame trial lawyers and that is there sole reason for being in politics. Stopping trial lawyers. These guys are not stupid. If the insurance companys were the problem they would know it. In order to believe in creationsim you have to believe that every biology Phd is stupid. In order to believe that the insurance companys are at fault for the high rates you would have to believe that almost every doctor, and all the heads of the AMA are stupid. That is just absurd.
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When I practiced law in the Bay Area, my only clients were physicians, and I represented them in every area of their practice except for medical malpractice claims. I worked very, very closely with CMA and I'm professional and personally sympathetic to the plight of the physician. (I'm typing this while two of them argue hospital politics during the Rose Bowl. BTW, Go horns!) My interest is in protecting physicians, and to focus solely on medical malpractice, especially in the state of California, is ridiculous.
MICRA rules and has since 1975 years in California. Further tort reform isn't really possible given MICRA. MICRA is the model for most other states' tort reform with regard to medical liability. I've represented physicians who got dinged with med mal insurance surcharges for "claims history" simply because of a notice to sue letter. *
The problem in your area is low reimbursement, a complete and total domination of a failed managed care system, and closed panels. I used to represent nephrologists that made less than $75K a year. Primary care physicians were even worse off, and this is mainly because managed care dominates the entire market.
Pissed off physicians in California are NOT bitching about medical malpractice. Pissed off physicians in California are bitching about capitation.
*This is what the CMA has to say about MICRA, and why your physician friends in the California Republican Party need to shut up and focus on the other stuff that the CMA advocates:
Quote:
MICRA, the Medical Injury Compensation Reform Act of 1975, reformed the medical malpractice insurance system in California through implementation of a $250,000 cap on noneconomic damages, a limit on attorney fees, full disclosure of collateral sources of compensation and periodic payments for awards over $50,000. While a medical malpractice crisis is sweeping across America, MICRA has kept the doors of medicine open and has protected the health care safety net in our state by keeping medical malpractice insurance available and affordable in California. CMA supports continuation of MICRA, including the quarter million dollar cap on noneconomic damages.
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I can see Republicans in other states bitching about these things, but not in California. The Texas Monthly rebuttal that I cited shows that medical malpractice premiums went up by as much as 10 percent after tort reform in Texas in 2004 for many insurance companies. Sort of tells you that the lawyers aren't the problem. And the doctors, as usual, are simplifying the issue by vilifying the lawyers. Which they always do, until they need me.
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