Another reason I’m opposed to the current healthcare proposals, or at least what we have found so far, is that it involves no tort reform. A couple of years ago, a pediatrician told me that he had to pay $250,000 per year in malpractice insurance coverage. The amount of money that his practice had to spend on that added to over a million dollars a year.
Charles Krauthammer’s article, Health-Care Reform: A Better Plan
The administration’s defense is to accuse critics of being for the status quo. Nonsense. Candidate John McCain and a host of other Republicans since have offered alternatives. Let me offer mine: Strip away current inefficiencies before remaking one-sixth of the U.S. economy. The plan is so simple it doesn’t even have the requisite three parts. Just two: radical tort reform and radically severing the link between health insurance and employment.
(1) Tort reform: As I wrote recently, our crazy system of casino malpractice suits results in massive and random settlements that raise everyone’s insurance premiums and creates an epidemic of defensive medicine that does no medical good, yet costs a fortune.
An authoritative Massachusetts Medical Society study found that five out of six doctors admitted they order tests, procedures and referrals — amounting to about 25 percent of the total — solely as protection from lawsuits. Defensive medicine, estimates the libertarian/conservative Pacific Research Institute, wastes more than $200 billion a year. Just half that sum could provide a $5,000 health insurance grant — $20,000 for a family of four — to the uninsured poor (U.S. citizens ineligible for other government health assistance).
What to do? Abolish the entire medical-malpractice system. Create a new social pool from which people injured in medical errors or accidents can draw. The adjudication would be done by medical experts, not lay juries giving away lottery prizes at the behest of the liquid-tongued John Edwardses who pocket a third of the proceeds.
The pool would be funded by a relatively small tax on all health-insurance premiums. Socialize the risk; cut out the trial lawyers. Would that immunize doctors from carelessness or negligence? No. The penalty would be losing your medical license. There is no more serious deterrent than forfeiting a decade of intensive medical training and the livelihood that comes with it.
Unfortunately, while this would be effective in reducing medical care costs, it won’t happen; As Hugh Hewitt points out, the political power of trial lawyers will prevent it.
Additionally, The Glittering Eye believes such a measure would be unconstitutional, as it would probably violate the Seventh Amendment, the right of trial by jury.
post re-edited for omission