Protecting Access to Primary Care Act (PAPCA)

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okayplayer

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Medscape: Medscape Access

Very promising. I guess it’s still a long shot it passes the Senate (since it’s so “mean”).

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As much a I despise the plaintiff's bar, I am now more than a little bit hesitant about tort reform. IMO fear of litigation is one of the strongest things that is slowing the expansion of CRNAs and other NPs. This may be a "be careful what you wish for" event.
 
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As much a I despise the plaintiff's bar, I am now more than a little bit hesitant about tort reform. IMO fear of litigation is one of the strongest things that is slowing the expansion of CRNAs and other NPs. This may be a "be careful what you wish for" event.

I'm curious: whose fear of litigation? The surgeons working with independent CRNAs? Hospital systems/admins?
 
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Very much agree with @dr doze. Wherever damages cannot be predicted and budgeted for, bean counters are much more afraid of a big lawsuit. That's the main thing that keeps them from hiring midlevels when they shouldn't, not patient safety or satisfaction etc.
 
Medscape: Medscape Access

Very promising. I guess it’s still a long shot it passes the Senate (since it’s so “mean”).

These tort reforms are a decent start but not what is really needed. The more likely than not component for standard of care breach has to be assessed by peers who can actually comprehend what that even means in medicine (or at the very least have near equal representation on a jury instead of no representation). They could stop toying around with caps which truly can screw over some patients and instead focus on fair and accurate verdicts instead of the malpractice trial casino system that exists today.

After a generation or so we'd have less scans on the wards and er which means less incidental findings with less procedures to investigate these findings. We could say no to futile care from dialysis in hepatorenal to intubation in the demented aspirating patient that no reasonable peer would think is a 'standard of care.' 50 billion is a vast underestinate of the savings the system would start to see as it started to take hold in the minds of new physicians. Alas it will never happen until the entire system collapses but one can imagine...
 
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These tort reforms are a decent start but not what is really needed. The more likely than not component for standard of care breach has to be assessed by peers who can actually comprehend what that even means in medicine (or at the very least have near equal representation on a jury instead of no representation). They could stop toying around with caps which truly can screw over some patients and instead focus on fair and accurate verdicts instead of the malpractice trial casino system that exists today.

After a generation or so we'd have less scans on the wards and er which means less incidental findings with less procedures to investigate these findings. We could say no to futile care from dialysis in hepatorenal to intubation in the demented aspirating patient that no reasonable peer would think is a 'standard of care.' 50 billion is a vast underestinate of the savings the system would start to see as it started to take hold in the minds of new physicians. Alas it will never happen until the entire system collapses but one can imagine...

I hate arbitrary damage caps. We need physician comprised panels to determine which suits should be allowed to go forward and which are just a money grab for normal and expected complications when standard of care was met. This would prevent doctors from racking up attorney fees for BS suits and end the awful practice of insurance companies admitting fault on behalf of an innocent physician to prevent paying out attorney/court costs.
 
The lawyers who make the laws are never ever going to take lawyers out of the loop and replace them with physicians when it comes to determining if a lawsuit can go forward.

They're evil, not stupid.
 
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I hate arbitrary damage caps. We need physician comprised panels to determine which suits should be allowed to go forward and which are just a money grab for normal and expected complications when standard of care was met. This would prevent doctors from racking up attorney fees for BS suits and end the awful practice of insurance companies admitting fault on behalf of an innocent physician to prevent paying out attorney/court costs.

Correct me if I'm wrong but my understanding is that malpractice premiums have significantly dropped in states with caps like this on non economic damages. Attorneys don't want to take on cases where they can only sue for 250k plus a few bucks. So in that sense it is a deterrent to frivolous (well, all) suits.
 
Correct me if I'm wrong but my understanding is that malpractice premiums have significantly dropped in states with caps like this on non economic damages. Attorneys don't want to take on cases where they can only sue for 250k plus a few bucks. So in that sense it is a deterrent to frivolous (well, all) suits.

Yes but that's bad for patients who were legitimately harmed and need lifelong care.
 
The lawyers who make the laws are never ever going to take lawyers out of the loop and replace them with physicians when it comes to determining if a lawsuit can go forward.

They're evil, not stupid.
Yep which is why it hasn't happened yet even though its the right thing.
 
Yes but that's bad for patients who were legitimately harmed and need lifelong care.
It's only bad for harmed patients if total damages are capped.

Some states have capped punitive or noneconomic damages. I might be wrong but I think the real outlier jury awards (10s of $millions) have largely been punitive and pain/suffering damages. Patients who need lifelong care aren't having their needs unmet because of tort reform in those states.
 
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Like @pgg said, most caps are only for "pain and suffering." Monetary damages typically aren't capped. So if some quack permanently disables me or knocks me off, he's still gonna be on the hook for 30 years of lost income which is gonna be alotta $$. (I'm in a tort reform state, and yes malpractice policies at maturity here are like 8k/yr).
 
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