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Politics : Liberalism: Do You Agree We've Had Enough of It?

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To: Kenneth E. Phillipps who wrote (72489)9/26/2009 6:54:56 PM
From: TimF   of 224748
 
Public Citizen found that malpractice litigation costs amount to less than 0.6 percent of overall health-care spending

Which is a lot of money considering how big health care spending is. And I'm not sure I would consider the statement by Public Citizen to be anywhere close to definitive here.

More importantly, direct litigation costs are not the majority of costs that we need to consider here. Defensive medicine is probably the highest cost, also insurance costs that over the long run have to be higher than the liability costs, because the insurance companies have to pay their costs and make a profit. And competition is lowered in some areas as people in the specialties with the highest malpractice insurance costs, who also live in states with the least limits on medical torts, tend to move or shut down their practice. This is itself a cost, and also works to increase prices.

No empirical evidence demonstrates that defensive medicine exists.

That's not just false its ridiculous.

The idea that extra tests are ordered only to protect from fictitious lawsuits

Is a false and irrelevant idea. They are to protect from real or potential lawsuits not fictitious ones. And few would say that fear lawsuits is the only reason for unneeded tests, its just one important reason.

And its not just tests. More risky procedures can be performed because of a series of lawsuits based on doctors not using those procedures. Check out John Edwards and his contribution to the increase in C-Sections.

Let's focus on what has been proven to reduce costs and improve lives — eliminating preventable errors

Of course we should work to such reduce errors (they can never be eliminated, so calling for their elimination is empty rhetoric), but we can do so while also working for a more sane liability system.

rather than giving up fundamental rights

Tort reform doesn't involve giving up fundamental rights.
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