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The Proposal: A Bill With The Public Option AND Medical Liability Reform

by: robert.harding

Wed Sep 09, 2009 at 09:44:19 AM EDT


It is clear in the fight for health care reform that a deal will need to be made. Don't get me wrong, I am still fighting for a strong public option and won't stand down from that position. I believe that without a strong public option, any "deal" is a failure and won't represent true reform. This is why we should should have started with single-payer as the proposal and that way, we could have moved to the middle on a public option. But now we are stuck with the public option being labeled as the "left-wing" proposal and the moderates and conservatives are standing in the way.

According to reports this morning, President Barack Obama will back a strong public option, but he will not make it a mandatory part of legislation. He also will appeal to Republicans who argue that tort reform (or malpractice reform) is needed by saying that there is a problem that is worth addressing.

So here's my proposal: As part of any legislation, a strong public option is included. And included in that legislation will be strong tort reform to address the concerns that doctors engage in "defensive medicine" (to borrow a line from my congressman, Chris Lee) that leads to high costs of providing care. While I see the point the Republicans are making, I don't think any medical liability reform should lead to patients receive less care because doctors are then shielded by such laws.

Put in simpler terms, if we get the public option, then we'll give the Republicans tort reform. That way, we all get a key piece to the puzzle. The public option, after all, is the moderate position here. We could have proposed single-payer, which would certainly have brought out Republicans (and the conservative Democrats) who oppose a single-payer system. Single-payer is a progressive idea. Most progressives I know support it, but realize that the chance of single-payer passing is slim to none.

That makes the public option a moderate concept. It isn't a government-run health care system. It keeps the best of the private health insurance system while giving those an opportunity at better health insurance (for the underinsured) or just health insurance in general (for the uninsured).

So why do I support tort reform, as a progressive? Because I'm not necessarily opposed to the idea. I am opposed to the belief (and position that some Republicans have shared) that it is the main problem with our health care system. It is not. That said, it is a problem. I am willing to work with conservatives on the issue and promote tort reform as long as it is within reason. Any reform that leads to substandard care by doctors who think they can get away with anything is not reform. But if we want to shield doctors from frivolous lawsuits, I am in favor of such reform.

There has to be some give and take, however. This doesn't mean that Democrats and Republicans or progressives and conservatives forfeit their positions in favor of the other side's. What it means is coming to the middle.

Let's take the best of both worlds. We, as progressives, want a public option. We believe it is necessary and required in any health care reform legislation. On the other side, while conservatives and Republicans might oppose a public option, they do support medical liability reform. They have advocated for this over and over again. So we should be strong enough to say that, as part of health care reform legislation, we will include medical liability reform.

The Democrats can't have it their way. The Republicans can't have it their way. So we need to take the best of both plans and push it as bipartisan reform.  

robert.harding :: The Proposal: A Bill With The Public Option AND Medical Liability Reform
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Some kind of "tort reform" is needed (4.00 / 1)
I've talked with many doctors, and attended seminars, and I believe you'd be hard-pressed to find a doctor who doesn't have a major bone of contention with "med-mal" (medical malpractice).  They will all say they perform unnecessary tests in order to avoid being sued, and that drives up the cost of providing medical care.

Of course, the tests are not providing medical care; they are just costing a lot of money.  Clearly, something needs to change so that these tests are not performed.

One problem may be that juries are composed primarily of patients and not doctors, so they empathize with patients who sue.  Another problem is that historically it has been extremely difficult, if not impossible, to find a competent doctor to testify against another doctor who has actually committed malpractice, so those times when someone wins a lawsuit the rewards can be out of proportion in order to "make up" for all the other times when a legitimate lawsuit fails.

Those are well-known problems.  Another potential problem is that insurance companies often deny payment for needed coverage, and doctors may perform extra tests as a result, with several goals in mind:  First, doing things that run an extra profit so that they can treat the patient; Second, running extra tests in the hope that the insurance company will be badgered by the battery of test results into accepting responsibility to pay for needed treatment; Third, covering their ass so that when the patient gets worse (or dies) for lack of treatment they can say they did everything in their power.

The point is that if this is often the case, "tort reform" needs to mean reforming insurance companies' denial of claims in order to save money for all of us.

I wonder if this argument has been made yet -- or if it is a legitimate argument to make.  I'll ask around, and report back.


There is certainly something to be said for this (4.00 / 1)
But never forget that when most Republican congresscritters say "tort reform", they really mean "let's screw the trial attorney lobby".

That's why... (0.00 / 0)
I say that any tort reform must be within reason. I agree there is a problem, but let's address the problem.

Just like health care reform shouldn't screw the health insurance lobby (even though they have done plenty of that to us). Any tort reform shouldn't screw the trial attorney lobby.  


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