To: Alighieri who wrote (537834 ) 12/21/2009 12:53:16 PM From: Alighieri 1 Recommendation Read Replies (1) | Respond to of 1575871 Tort Reform: Show Us Results Thursday, April 23rd, 2009 I wrote in the last post about costs to health care caused by “defensive medicine.” These are unnecessary tests and procedures ordered by doctors only because they fear medical malpractice suits. In theory, “defensive medicine” adds considerably to the overall cost of health care, and in theory, “tort reform” that caps malpractice awards should reduce this cost. If you look, you can find no end of testimonials from doctors saying that their practices would be much less costly to patients and insurance companies if it weren’t for the threat of lawsuits. And I have to assume that these doctors believe what they are saying. But the problem with the “defensive medicine” theory is that states that have passed “tort reform” laws have no decreases in health care costs to show for it. Jim Landers writes for the Dallas Morning News that since Texas passed tough tort reform laws in 2003, the costs of medical malpractice premiums paid by doctors have fallen by more than 30 percent. This indicates there is a real reduction in malpractice suits. However, Landers writes, “But the cost of health care still is rising. Consumers are paying higher insurance premiums, which continue to escalate faster than earnings. “And according to the Dartmouth Institute for Health Policy, Medicare spending in Texas rose 24 percent in the three years after the state capped malpractice awards. In Dallas, it went up 27 percent during the same period, 2003 to 2006.” Some are saying it is too soon to see results from decreasing “defensive medicine” practices. But it has been six years since the most recent Texas tort reform policies became law. Landers continues, “A team at the University of Alabama looked into this last year. Their survey of studies related to malpractice insurance, defensive medicine and consumer health insurance premiums looked at 27 states with limits on non-economic damages, including Texas. … “… Their conclusion – “Tort reforms have not led to health care cost savings for consumers” – was published in the December issue of Health Sciences Review. “‘It’s had a really small effect, or else it doesn’t seem to change defensive medicine,’ said Michael Morrisey, a professor of health economics and health insurance and the director of the university’s Lister Hill Center for Health Policy.” Landers also notes, “Families USA, a consumer advocate group in Washington, found health care premiums in Texas increased 86.8 percent from 2000 to 2007.” In the upcoming fight in Washington to revise the nation’s health care policies, we’re going to hear over and over again that there’s nothin’ wrong with the health care system that a little tort reform won’t fix. And I fully expect that conservatives in Congress will insist on tort reform measures as a condition for their votes on any health care reform legislation. As it is, politicians can say whatever they want about tort reform and get away with it, because no one challenges them. So the public is going to hear “tort reform reduces health care costs” over and over again. I think it is vital that we challenge any politician, lobbyist or pundit who makes claims about the cost reducing properties of tort reform to show us results. More than half of the states already have passed laws that cap punitive malpractice awards. If tort reform is such a cost saver, surely data from those states will show it. “Tort reform” reaches into many areas of life beyond medical malpractice. It shields employers from responsibility for workplace injury and businesses from the consequences of faulty products. This is an issue critical for those suffering from mesosthelioma and other asbestos-related diseases and many others. April 22, 2009 Barbara O’Brien