So what's up with tort reform?

[AlexanderJ]

OK, we have a republican president, a republican House, and a republican Senate. Tort reform for medical malpractice has and is something republicans generally support. Seems like the past 2 years have been a rare opportunity to pass some tort reform legislation. Why hasn't it happened?

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[Kilgorian]

Good question. Seems like nothing will happen until physicians and uninsured take over the government by force. A lot of it is left up to state legislatures. Here in PA we are "dying." Many great physicians have left the state and will never return. Many patients have difficulty getting someone to care for them in certain fields and have to travel to get care. It's a disgrace.

J. Edwards made a TON of money on malpractice cases, particualry involving CP patients. I have no respect for him and certainly don't see his party heralding in tort reform. If they did, how ironic/hippocritical would that be?

 

[pikachu]

The Democrats won't support tort reform because they're paid off by the trial lawyers, and the Republicans won't because they're in the pockets of Big Insurance. I think it's pretty clear that neither party is prepared to do anything about the insurance crisis, even in states such as PA, WV, and many others where the system is literally collapsing.

 

[kas23]

Why wouldn't the republicans support tort reform? Even if the Republicans are bedfellows with the insurance companies, the insurance companies are still the ones who have to pay out the multimillion dollar malpractice awards, not the physicians. The reason why the Republicans are dragging their feet on this is due to politics that many of us are left in the dark about. Nevertheless, it would be professionally irresponsible for a physician actively practicing clinical medicine to cast a vote for Kerry/Edwards, UNLESS they are married to a lawyer themselves.

 

[Kilgorian]

FYI - the malpractice insurance companies get their money from physicians.

 

[pikachu]

Although it would hurt my heart to vote for a trial lawyer for VP, it's just as irresponsible to vote for Bush with the recent evisceration of Medicare reimbursements and his administration's refusal to support suits against and adequate regulation of HMO's. The medical profession has few true friends on either side of the aisle.

 

[carrigallen]

Bush is pretty much a clear supporter of physician interests, for better or worse. He stands up for tort reform, and succeeded in increasing medicare physician compensation (He turned a 4.5% cut into a 1.5% increase).

He has also supported medical schools/hospitals by renewing their nonprofit medicare fee program. Moreover, Bush supports retaining scope of practice rights for physicians like opthalmologists, whereas Kerry explicitly states that he wants to expand scope of practice for CRNA and optometrists (ostensibly negative for physicians, i guess).

If you want to vote purely for your pocketbook, then vote for Bush. The reason he hasn't been as aggressive pursuing these policies is that they are essentially special interest issues (remember that once you go to medical school you become a "special interest"). They take a backseat to reelection.

Once Bush is elected again, he no longer will care about the general vote, and that is when the special interest concessions are taken care of. Expect him to deal with tort reform more aggressively (a mainstay of his campaign actually) and also to try to tinker with affirmative action too.

 

[kas23]

It is short-sighted to say that the malpractice awards that insurance companies pay out come directly from physicians. The millions of dollars that physicians pay for malpractice insurance is multiplied into billions through wise investing by the ins companies. The insurance companies are not just placing the premiums they receive from physicians into a bank account paying out a 2.1% interest rate.

Therefore, the money that the ins companies are shelling out more accurately equates to the enormous profits they make as insurers. Remember, insurance companies are highway robbers, just ask yourself how much you are paying for car insurance. Yes, I understand malpractice premiums are increasing, but not at the same rate ins companies are paying out.

 

[Erica Lewinski]

... Here in PA we are "dying." Many great physicians have left the state and will never return. Many patients have difficulty getting someone to care for them in certain fields and have to travel to get care. It's a disgrace....

Does this mean, it may be easier to get a medical residency in PA these days, since, above avg. applicants would also be looking elsewhere similarly? Any suggestions for some easy programs to get into, for a US Citizen, ECFMG-Certified candidate? Thanks.

 

[kas23]

That's the spirit!!! Let's get back to discussing residency issues, afterall, it is the name of the forum.

 

[edmadison]

OK, we have a republican president, a republican House, and a republican Senate. Tort reform for medical malpractice has and is something republicans generally support. Seems like the past 2 years have been a rare opportunity to pass some tort reform legislation. Why hasn't it happened?

That's an easy one... Because the republicans don't have 60 votes in the senate.

Ed

 

[pikachu]

Bush is pretty much a clear supporter of physician interests, for better or worse. He stands up for tort reform, and succeeded in increasing medicare physician compensation (He turned a 4.5% cut into a 1.5% increase).

Except for medical oncology reimbursements, which have been EVISCERATED. It's OK though, cancer patients don't really need a place to go to get chemo administered anyway. Soon stem cell research will make traditional chemo a thing of the past. Oh wait a second...

Let's not forget that Bush paid for this (well-deserved) increase in physician compensation by a 17.5% increase in Medicare premiums. Which basically amounts to a regressive tax on a fixed income population (yes, there are many rich old people who can well afford this increase; this does not change the nature of the tax).

He has also supported medical schools/hospitals by renewing their nonprofit medicare fee program.

He also signed into law the Ted Kennedy-based amendment which made the class action suit against the Match illegal. Way to strike a blow for med students!

Once Bush is elected again, he no longer will care about the general vote, and that is when the special interest concessions are taken care of. Expect him to deal with tort reform more aggressively (a mainstay of his campaign actually) and also to try to tinker with affirmative action too.

Sweet! So Bush will not only screw patients (not about tort reform, which I support, but regarding HMO's) and certain subspecialties, but will also enact many policies that are even more favorable to special interests than those of his first term!!! GO BUSH (Or should I say, Viva Bush!! Especially if he's going after affirmative action too.)

 

[raptor5]

Check out Congress.org for latest bills.

 

[AlexanderJ]

ED Madison, it should only require a simple majority in both houses of Congress to pass tort reform. Why 60 votes?

 

[Sessamoid]

ED Madison, it should only require a simple majority in both houses of Congress to pass tort reform. Why 60 votes?

Because unlimited debate is part of Senate tradition (and policy), so that you can sit there and talk until the cows come home if you don't want to let the bill come to a Senate vote. The process is called "filibustering". Cloture, or the ending of debate, can only be brought on a two-thirds vote of the Senate members, a feat which is accomplished only rarely. Effectively, you need a two thirds vote to pass anything in the Senate that has a few vocal opponents willing to wear out their vocal cords.

 

[Slave#8801011]

The biggest problem is that most legislators in both the national and state level are attorneys.

The issue is too complex for the average man on the street to comprehend. That's why political ads are often just slogans and never in depth discussions. Even the presidential debates are not really debates.

 

[Kilgorian]

Does this mean, it may be easier to get a medical residency in PA these days, since, above avg. applicants would also be looking elsewhere similarly? Any suggestions for some easy programs to get into, for a US Citizen, ECFMG-Certified candidate? Thanks.

I'm not so sure about that. Many applicants aren't real tuned into the details of such issues. Plus, residency is this transient period when you can move right after you're done with your training - so many probably don't worry about it too much. Academics is somewhat shielded because their malpractice is paid by the university and their salaries don't change as directly with malpractice rates. It may be different in the community. I don't think its affected resident salaries much either.