Change in the field of law and its impact to medicine

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Handy388

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L2D, please come into this discussion.

I became aware that there is a massive oversupply of lawyers and lack of jobs, as well as the move to more senisible billing structure from the big law firms.

Does this imply that we may begin to see a drop in malpractice insurance cost?

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nah, it means that there are more lawyers who are willing to take crappy cases to try and make a quick buck
 
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Seems like it would anticipate a rise in malpractice precisely because of what they said. (That is, unless it's locked by state legislature. Can anyone shed some light on this?)
 
It means less people will go to law school, and decide to attend med school instead. More competition for all of us
 
L2D, please come into this discussion.

I became aware that there is a massive oversupply of lawyers and lack of jobs, as well as the move to more senisible billing structure from the big law firms.

Does this imply that we may begin to see a drop in malpractice insurance cost?

First, the oversupply of lawyers started in about 1990, so you will see no real change now, about 2 decades later. At the time I would agree there was an increase in the more borderline lawsuits (but not frivolous lawsuits -- lawyers get sanctioned for these, so they largely don't exist except the rare egregious case you might see on SDN), but now it's pretty much a status quo. Second, the change in billing structure isn't as widespread as you think -- billable hours still rule in most places. But I don't see how billing is going to affect medmal, because those cases were and still are contingency (doesn't matter what you bill, you get a percentage of the take), and never were handled by the large law firms in the first place. So I say you won't see any change from any supposed change in the law, number of lawyers, or law firm billing practices, much of which happened decades ago anyhow. You might see changes from various governmental action, such as tort law reform like they have in Texas. But I wouldn't be so sure about that.

There is very little evidence that the INSURANCE industry is ever going to be lowering their costs in response to things like this. This is the OTHER "bad guy" in these cases. And their goal is always to generate more income this year then last, which can't be done if they lower their premiums.
It's really a lot like the gasoline industry -- the US gas companies raise their prices and blame OPEC, and the insurance industry raises its prices and blames the lawyers. In either case the person raising the price might be the one bilking you, but has an easier to hate target to pawn off on you. In fact, doctors premiums have gone up far faster than any increase in lawsuits/liability, and even in years in which lawsuits/liability was down. And nobody expects premiums to come down based on merely addressing the lawyer aspects. If you aren't attacking the insurance industry -- the more direct source of costs, you aren't going to see any real results.
 
First, the oversupply of lawyers started in about 1990, so you will see no real change now, about 2 decades later. At the time I would agree there was an increase in the more borderline lawsuits (but not frivolous lawsuits -- lawyers get sanctioned for these, so they largely don't exist except the rare egregious case you might see on SDN), but now it's pretty much a status quo. Second, the change in billing structure isn't as widespread as you think -- billable hours still rule in most places. But I don't see how billing is going to affect medmal, because those cases were and still are contingency (doesn't matter what you bill, you get a percentage of the take), and never were handled by the large law firms in the first place. So I say you won't see any change from any supposed change in the law, number of lawyers, or law firm billing practices, much of which happened decades ago anyhow. You might see changes from various governmental action, such as tort law reform like they have in Texas. But I wouldn't be so sure about that.

There is very little evidence that the INSURANCE industry is ever going to be lowering their costs in response to things like this. This is the OTHER "bad guy" in these cases. And their goal is always to generate more income this year then last, which can't be done if they lower their premiums.
It's really a lot like the gasoline industry -- the US gas companies raise their prices and blame OPEC, and the insurance industry raises its prices and blames the lawyers. In either case the person raising the price might be the one bilking you, but has an easier to hate target to pawn off on you. In fact, doctors premiums have gone up far faster than any increase in lawsuits/liability, and even in years in which lawsuits/liability was down. And nobody expects premiums to come down based on merely addressing the lawyer aspects. If you aren't attacking the insurance industry -- the more direct source of costs, you aren't going to see any real results.

I haven't looked at it closely, but hasn't there been a trend by states to limit malpractice awards? At least some states? Some states with no caps on awards are seeing a "brain drain" of doctors in certain specialties like OB/GYN, and to counter that, they are capping the awards. This would seem to be the only trend for doctors to look to in hopes of a reduction in liability and thus insurance premiums...
 
I haven't looked at it closely, but hasn't there been a trend by states to limit malpractice awards? At least some states? Some states with no caps on awards are seeing a "brain drain" of doctors in certain specialties like OB/GYN, and to counter that, they are capping the awards. This would seem to be the only trend for doctors to look to in hopes of a reduction in liability and thus insurance premiums...

No trend, just a couple of states, with mixed results. The so called braindrain risk of OBGYN is greatly exaggerated, and states without such tort reform havent lost docs to other states as suggested. Mostly a lot of bark no bite here.
 
No trend, just a couple of states, with mixed results. The so called braindrain risk of OBGYN is greatly exaggerated, and states without such tort reform havent lost docs to other states as suggested. Mostly a lot of bark no bite here.

There is a shortage of OB/GYNs in West Virginia. I read an article on it a while ago, and the tort reform problem was cited as a reason...
 
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