January 14, 2005
Saving Money on Health Care by Limiting Malpractice Awards? Don't Believe It.
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In yet another addition to the bottom line of insurers, big pharma, and the hospital industry, Bush is pushing to cut malpractice awards. Aren't you sick of hearing about the "evil trial lawyers" who are ruining our health care system with their "frivolous" lawsuits? I am. Malpractice exists and it exists BIG TIME. I agree that in some specialities (obstetrics for example) the malpractice premiums that doctors pay are driving many into other specialties. This is an issue that needs to be addressed by looking at the INSURERS, and what other mechanisms might be effective. However, in just a cursory look at the information available, it looks like hospitals rather than doctors are the biggest culprits - therefore the most likely to benefit from any malpractice award limitations.
Out-of-the-box-Lawyering cites some interesting statistics in a couple of different articles. For example, FDA requirements for changes in the way that blood is coded in hospitals is expected to decrease by 500,000 the number of "advers blood events" in hospitals over the next 20 years. Or how about the 195,000 people who die in hospitals every year due to hospital errors. Yes DIE - this doesn't include other injuries or diasabilites caused by errors at hospitals.
According to Parker & Sheer, LLP the Journal of the American Medical Association (JAMA) lists medical malpractice as the third leading cause of deaths among Americans. "The report, entitled "To err is human," which was issued by the IOM's Quality of Health Care in America Project, describes two studies that attribute up to 100,000 deaths per year to medical mistakes. According to published statistics, 12,000 deaths per year due to unnecessary surgery, 7000 deaths per year due to medication errors in hospitals; 20,000 deaths per year due to other errors in hospitals; 80,000 deaths per year due to infections in hospitals; and 106,000 deaths per year due to negative effects of drugs."
From the Bailey Law Firm in Texas, we learn that the cost of prevtable costs of deaths and injuries due to medical malpractice ranges somewhere between $17 and $29 billion annually.
But Bush's plan for malpractice limits is, of course, not just about malpractice. Into his proposed legislation he has tucked a nice little present for big pharma. That gift is a limit on the damages that pharmaceutical companies are responsible for. This addition would be a hot issues (if the public was informed) with the litany of problem drugs (and the FDA approval issues) that have recently come to light. According to Bob Herbert, "If the malpractice legislation so relentlessly touted by President Bush became law, Pfizer, Merck and Eli Lilly would be immunized against even the possibility of punitive damages arising from any harm to patients that resulted from use of these drugs (Vioxx, Celebrex and Prozac)- as long as the companies followed F.D.A. rules. All three drugs were approved by the F.D.A."
Of course there is also the nasty example of mental health screening for all children - with appropriate medication provided. Representative Ron Paul has a good collection of articles on this at the Liberty Committee site.
With the BushPush on medical malpractice starting, his so-called "tort reform" is certainly ready for "roll out" as well. He can't let the medical-insurance-pharma complex get all the the benefits of his (and the legislature's) largesse. I do wish they would stick to playing with their own money and lives instead of ours and the world's.
Other Resources
1999 Center for Justice & Democracy, The Degree and Cost of Medical Malpractice: Key Findings of the National Academy of Sciences Institute of Medicine
2000 Starfield (M.D.), World Health Education Intitative, America's Healthcare System is the Third Leading Cause of Death
2002 Center for Justice & Democracy, A Short Guide to Understanding Today's Medical Malpractice Insurance "Crisis" and Useful Questions to Ask
Posted by rowan at January 14, 2005 11:55 AM
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I agree, the first comment made was deleted for "questionable content", and I didn't even swear, think you have a glitch somewhere. Thought you would like to know
I apologize if comments unexpectedly get rejected or are indicated as "pending". The commnet spam filters are sometimes over zealous. Pamela had the same problem earlier when she tried to use the "p i l l a g e" - a word that comes up frequently in sexually oriented site spam. When this happens, send the comment to me and I will try to figure out why it was blocked. For example, I just had this commnet blocked which is why the offending word is odd above.
Yes, Bill, it's true. I was further embarrassed when I naively wondered what could be unseemly about "p i l l a g e!" :-) I have a spam filter that pulls messages for reasons I cannot discern. So, don't worry, you aren't the first to have been rejected by the software!
I have this to share about the medical care system. I had my tubes tied yesterday. I went into surgery later than planned and left half an hour earlier than planned. They let me leave incoherent and severe pain. I tried to tough it out for a couple of hours in bed, but finally ended up in the ER. I waited in the ER for about two hours for help. A shot of pain killer and stronger medicine to go home with was all I needed, but what if?
We have this kind of carelessness and a president who wants to limit our rights to complain. With the story I shared above, where did they save money? If I had gotten proper care to begin with, I would not have been in the ER spending more taxpayer's money as I am on Medicaid.
I just came across your site and wanted to share this. I am a wife, a mother of two children, and until 4 years ago, had a full-time career and a very active life. I had TOS (thoracic outlet syndrome) surgery on my right side (classified as a first rib resection) and awoke from that surgery with a long thoracic nerve stretch, winging of the right scapula, sympathetic nerve damage, loss of fine motor skills in the right hand, temperature problems, damage to neck rotator muscles, and the list goes on and on and on ... I started out looking like the Michelin Man -- muscles so swollen and hard as rock that you couldn't tell I even had a neck or armpits. I couldn't bathe myself, couldn't bend, was jacked up on nerve block meds and narcotics to cut pain, and my independence was GONE! After holding my position for 7 months hoping for my return, I eventually lost my job because I couldn't move, drive, or function. It took a year to get a SS Disability Appeal, which was immediately granted (they always deny you when you first apply I was told). I saw the surgeon who admits responsibility and directs me elsewhere, saw physician after physician, tried acupuncture, herbs, meds, whatever I could to try and gain movement. After being referred from pain management center (who tell me they can't help me, but can only raise the drugs or implant a morphine drip) to neurologist to neurologist, I finally found a dr. who was willing to try to help me! I started getting trigger point injection therapy. I get 30-50 shots of lidocaine every two weeks injected from the back of my skull to my ankles, and another 50 shots of Myobloc (a more concentrated form of Botox or botulism used to paralyze the muscles to stop them from being in a 24/7 state of contraction) injected into the same muscles every three months -- this is what I can look forward to the rest of my life to enable me to move. I can't go back to work, I can never travel anymore, I can't take the cold or the extreme heat, and I'm in my 30s. If I stop the shots, I return to Michelin Man status. It is coming up on trial time, and it's exhausting, humiliating, degrading, and the insurance company legally gets away with telling you your life is not worth anything. I hear about Bush and all the medical malpractice bs that is going on around me, and I want to scream. Jury awards are discounted, and pre-trial settlements don't even cover medication costs let alone replace a career salary or activities you finally have to swallow that you CAN NEVER do again. I'd love to see the President try and get by on what he proposes. I'd love to see the insurance company lobbyists get permanently injured by a surgeon and see what they have to say. You'll have to forgive my rant. It is a very difficult time right now, and has affected my whole family. Your site caught my eye because it was one of the few that actually took the time to think logically and project truth rather than what is currently popular amongst politicians. Let's face it - it's easy to move blame from the insurance companies to the plaintiffs who sue physicians for the rising cost of health care for the public who will believe anything. I just wish the public would remember that insurance companies are out to make money, they are for-profit, and their rates increase annually across the board -- the least amount of money they spend is on medical malpractice lawsuits. There are dozens of charts and statistics out there to prove it - the public just has to be willing to read! I just thought you might want to hear from someone who is actually going through the nightmare who offers thanks to you for your site. This e-mail is coming to you thanks to Dragon Naturally Speaking software. If the will is strong enough, the impossible can be accomplished another way. Thanks again.
I also had TOS surgery due to a cervical rib on the right side. The Dr told me that he would go in above my clavical and remove the rib, scalene muscles and first rib. After surgery he told me it was a mess once he got inside. He said I had extra nerves that most people don't have. So here I am 7 months later. I am going to lose my $17 per hour job. The pain I have starts from the back right side of my neck then around my should to my clavicle and up my jaw. I can't even touch my clavicle. I can't type for more than 1-2 minutes at a time. Writing is nearly impossible. I traded one set of problems for another. I am on nerve block meds and pain pills non-stop. I have become some kind of zombie. My life sucks now. I've seen the surgeon and he now tells me that I am just not going to heal and there is really nothing he can do. I had injections done in my back and a nerve block. They brought no relief. I went for a Nerve Conduction Test for some answers. So I find out those extra nerves that surgeon cut through were actually my cervical plexus nerves. The nerves from my C1-C5 spine have been severed by the surgeon. The neurologist asked me if the surgeon discussed the option of going in from my under arm to do the surgery. I didn't know that could be done. I wasn't told of any risks other than there was a 20% chance the surgery would not work. I could still have paralysis, constant numbness, and no pulse in my arm. I am being told by the neurologist that I will never be rid of this new pain. I hurt more now than before. My entire career is gone. I will be going to a pain management clinic to get meds that will help me try to get some control of the pain, this will allow me to go to physical therapy so I can regain some use of my right arm. If I don't my right arm will freeze up on me. I can't lift my arm, I can't wash my hair with my right hand. We installed a hand held shower head so that I can bathe on my own. I am not sure if I have any legal recourse here at all. I only know that my life as I knew it is over. My 3 children and husband feel the impact everyday. If I had it to do over again, I would NOT have the surgery or I would do it differently. So be warned nobody just has a group of extra nerves...they are there for a reason.