<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" > <channel><title>Comments on: Will reforming the malpractice system be a deal breaker for health reform?</title> <atom:link href="http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html/feed" rel="self" type="application/rss+xml" /><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html</link> <description></description> <lastBuildDate>Tue, 14 Feb 2012 22:28:00 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" /> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90368</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 18:32:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90368</guid> <description>That&#039;s one relative of one congressman out of 535.</description> <content:encoded><![CDATA[<p>That&#8217;s one relative of one congressman out of 535.</p> ]]></content:encoded> </item> <item><title>By: Manalive</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90367</link> <dc:creator>Manalive</dc:creator> <pubDate>Wed, 18 Mar 2009 16:30:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90367</guid> <description>Arlen Specter&#039;s son is one of the wealthiest trip-and-fallers in the U.S. Senator Specter has always been a foe of tort reform.</description> <content:encoded><![CDATA[<p>Arlen Specter&#8217;s son is one of the wealthiest trip-and-fallers in the U.S. Senator Specter has always been a foe of tort reform.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90363</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 13:09:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90363</guid> <description>When did Mr. and Mrs. Obama ever try a case?  Much less on behalf of a plaintiff?  When did Joe Biden or most of the members of Congress?&lt;br/&gt;&lt;br/&gt;Lawyers who worked for large firms doing mostly corporate work?  Yes.  Prosecutors?  Yes, lots of them too.  Representing people injured by the negligence of others?  Name me one lawyer currently in Congress who made his/her living in that practice.</description> <content:encoded><![CDATA[<p>When did Mr. and Mrs. Obama ever try a case?  Much less on behalf of a plaintiff?  When did Joe Biden or most of the members of Congress?</p><p>Lawyers who worked for large firms doing mostly corporate work?  Yes.  Prosecutors?  Yes, lots of them too.  Representing people injured by the negligence of others?  Name me one lawyer currently in Congress who made his/her living in that practice.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90362</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 12:48:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90362</guid> <description>Mr. and Mrs. Obama, Joe Biden, most of the cabinet and the majority of Congress are trial lawyers, so any promise of med mal reform is a smoke screen.</description> <content:encoded><![CDATA[<p>Mr. and Mrs. Obama, Joe Biden, most of the cabinet and the majority of Congress are trial lawyers, so any promise of med mal reform is a smoke screen.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90359</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 03:39:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90359</guid> <description>Perhaps because they are following govt. guidelines.  Although this article suggests it&#039;s due to a lack of scanners and/or because the poor are getting access to fewer services under the same plan than the rich:&lt;br/&gt;&lt;br/&gt;http://www.cbc.ca/health/story/2008/06/25/mri-ctreport.html&lt;br/&gt;&lt;br/&gt;Are you suggesting that the reform we need is UK/Canada style healthcare?  If not, then what is your point?&lt;br/&gt;&lt;br/&gt;Perhaps the biggest question about defensive medicine, assuming its existence, is does it work?  If you don&#039;t know, then why would you do it?</description> <content:encoded><![CDATA[<p>Perhaps because they are following govt. guidelines.  Although this article suggests it&#8217;s due to a lack of scanners and/or because the poor are getting access to fewer services under the same plan than the rich:</p><p><a href="http://www.cbc.ca/health/story/2008/06/25/mri-ctreport.html" rel="nofollow">http://www.cbc.ca/health/story/2008/06/25/mri-ctreport.html</a></p><p>Are you suggesting that the reform we need is UK/Canada style healthcare?  If not, then what is your point?</p><p>Perhaps the biggest question about defensive medicine, assuming its existence, is does it work?  If you don&#8217;t know, then why would you do it?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90357</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 02:41:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90357</guid> <description>&quot;If &quot;reform&quot; is all that&#039;s needed, where&#039;s the proof that the claimed defensive medicine savings exist?&quot;&lt;br/&gt;&lt;br/&gt;The anonymous lawyer trolls have descended on this thread in droves, so it is probably pointless to battle.  But let us pretend you are honestly curious for a moment about whether defensive medicine is real.&lt;br/&gt;&lt;br/&gt;You are a person who falls and bumps your head.  You go to the emergency room.  You are several times likelier to receive a CT scan in the US versus the UK or Canada (this is not in dispute).  The ER physician receives no financial incentive to order scans; in fact, they only slow him down and force him to see fewer patients.  So why (because defensive medicine is just a myth) are they ordering them so much more here than in less lawsuit happy countries?</description> <content:encoded><![CDATA[<p>&#8220;If &#8220;reform&#8221; is all that&#8217;s needed, where&#8217;s the proof that the claimed defensive medicine savings exist?&#8221;</p><p>The anonymous lawyer trolls have descended on this thread in droves, so it is probably pointless to battle.  But let us pretend you are honestly curious for a moment about whether defensive medicine is real.</p><p>You are a person who falls and bumps your head.  You go to the emergency room.  You are several times likelier to receive a CT scan in the US versus the UK or Canada (this is not in dispute).  The ER physician receives no financial incentive to order scans; in fact, they only slow him down and force him to see fewer patients.  So why (because defensive medicine is just a myth) are they ordering them so much more here than in less lawsuit happy countries?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90355</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 18 Mar 2009 01:13:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90355</guid> <description>&quot;Any alternative system, such as no-fault malpractice, mediation, or health courts, will go a long way both to reduce the cost of medical care, and fairly compensate more patients for medical errors at a significantly more expedient rate.&quot;&lt;br/&gt;&lt;br/&gt;Wrong!  It can always get worse.  &lt;br/&gt;&lt;br/&gt;I do peer review in a state with one of the highest utilzation rates of medical services and also one of the highest rates of malpractice suits.  One would think, from all that is seen here that the relationship is defensive medicine.&lt;br/&gt;&lt;br/&gt;I don&#039;t see that.  The relationship is a lot of sloppy, thoughtless, and sometimes greed-driven care results in lost of charges generated with little to show for it but adverse consequences of care.&lt;br/&gt;&lt;br/&gt;When this care is identified in peer review, rarely is action taken if the culprit generates profit.&lt;br/&gt;&lt;br/&gt;The core problem is lack of personal standards and courage.</description> <content:encoded><![CDATA[<p>&#8220;Any alternative system, such as no-fault malpractice, mediation, or health courts, will go a long way both to reduce the cost of medical care, and fairly compensate more patients for medical errors at a significantly more expedient rate.&#8221;</p><p>Wrong!  It can always get worse.</p><p>I do peer review in a state with one of the highest utilzation rates of medical services and also one of the highest rates of malpractice suits.  One would think, from all that is seen here that the relationship is defensive medicine.</p><p>I don&#8217;t see that.  The relationship is a lot of sloppy, thoughtless, and sometimes greed-driven care results in lost of charges generated with little to show for it but adverse consequences of care.</p><p>When this care is identified in peer review, rarely is action taken if the culprit generates profit.</p><p>The core problem is lack of personal standards and courage.</p> ]]></content:encoded> </item> <item><title>By: Throckmorton</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90352</link> <dc:creator>Throckmorton</dc:creator> <pubDate>Wed, 18 Mar 2009 00:14:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90352</guid> <description>In the issues of medmal, defensive medicine and peer review, there is a common factor.  That factor is the standard of care.  We are able as a nation to use evidence based medicine to determine what is the standard.  A classic example of defensive medicine is a patient who presents to the ER with a headache.  Defensive medicine means that no matter what, the patient gets a CT.  We can use evidence based medicine to determine critera that can and should hold up in court that protects the ER doc when there is the one in a million case that was missed when he does not order the ct.  Instead, we use hindsight and paid experts to sway a &quot;relative standard&quot;.  Peer review is worthless without defined standards.  It is the fact that we do not have defined standards that attorneys capitalize on and what allows bad doctors to continue.  I believe that it is the responsibility of medical Academies to generate the &quot;standards&quot; and then be the ones who attest to this &quot;standard&quot; in court.&lt;br/&gt;&lt;br/&gt;As to the Obama offering &quot;tort reform&quot; as part of his &quot;healthcare reform&quot; it is important to note that the Massachusetts system is his model!</description> <content:encoded><![CDATA[<p>In the issues of medmal, defensive medicine and peer review, there is a common factor.  That factor is the standard of care.  We are able as a nation to use evidence based medicine to determine what is the standard.  A classic example of defensive medicine is a patient who presents to the ER with a headache.  Defensive medicine means that no matter what, the patient gets a CT.  We can use evidence based medicine to determine critera that can and should hold up in court that protects the ER doc when there is the one in a million case that was missed when he does not order the ct.  Instead, we use hindsight and paid experts to sway a &#8220;relative standard&#8221;.  Peer review is worthless without defined standards.  It is the fact that we do not have defined standards that attorneys capitalize on and what allows bad doctors to continue.  I believe that it is the responsibility of medical Academies to generate the &#8220;standards&#8221; and then be the ones who attest to this &#8220;standard&#8221; in court.</p><p>As to the Obama offering &#8220;tort reform&#8221; as part of his &#8220;healthcare reform&#8221; it is important to note that the Massachusetts system is his model!</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90351</link> <dc:creator>Anonymous</dc:creator> <pubDate>Tue, 17 Mar 2009 23:59:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90351</guid> <description>Note that Mr. Heyman provides only opinions, not facts in his statement.  This one is particularly humorous, and suggests he may be out of touch with his members:&lt;br/&gt;&lt;br/&gt;&quot;While we continue to support caps on non-economic damages as a proven reform working in California and Texas to keep physicians in practice and preserve patients’ day in court&quot;&lt;br/&gt;&lt;br/&gt;How many posts have we seen on this and other physician sites about how crappy it is to practice in California?  And how exactly does having insurance and apparently AMA lobbyists decide the value of cases without hearing evidence &quot;preserve patients&#039; day in court&quot;?  Only a lobbyist can make those kind of statements with a straight face.  &lt;br/&gt;&lt;br/&gt;Using his logic, and his belief that it is imperative to cut health care costs, a straightforward and direct way with immediate and quantifiable cost savings would be to cut Medicaid reimbursements.  We can probably determine right down to the penny what the savings will be!  I&#039;m sure a physician can bear the cost better than an injured patient who will never be able to work again as a result of malpractice.  &lt;br/&gt;&lt;br/&gt;Also note that Mr. Heyman, your biggest lobbying organization&#039;s board chair, is referring to the health care &quot;system&quot;.  It&#039;s not patients purchasing goods and services from professionals.  It&#039;s a &quot;system&quot;.  That view of healthcare is what put you in the position of being at the financial mercy of the federal govt.  Continuing down that &quot;system&quot; road is going to make you full time employees of the Department of Health and Human Services.  It doesn&#039;t sound like the AMA will be doing much to reform your payment model anytime soon.  And that is the true root of the problem for healthcare professionals.&lt;br/&gt;&lt;br/&gt;But by all means, put out the fire in the grass while your home burns.</description> <content:encoded><![CDATA[<p>Note that Mr. Heyman provides only opinions, not facts in his statement.  This one is particularly humorous, and suggests he may be out of touch with his members:</p><p>&#8220;While we continue to support caps on non-economic damages as a proven reform working in California and Texas to keep physicians in practice and preserve patients’ day in court&#8221;</p><p>How many posts have we seen on this and other physician sites about how crappy it is to practice in California?  And how exactly does having insurance and apparently AMA lobbyists decide the value of cases without hearing evidence &#8220;preserve patients&#8217; day in court&#8221;?  Only a lobbyist can make those kind of statements with a straight face.</p><p>Using his logic, and his belief that it is imperative to cut health care costs, a straightforward and direct way with immediate and quantifiable cost savings would be to cut Medicaid reimbursements.  We can probably determine right down to the penny what the savings will be!  I&#8217;m sure a physician can bear the cost better than an injured patient who will never be able to work again as a result of malpractice.</p><p>Also note that Mr. Heyman, your biggest lobbying organization&#8217;s board chair, is referring to the health care &#8220;system&#8221;.  It&#8217;s not patients purchasing goods and services from professionals.  It&#8217;s a &#8220;system&#8221;.  That view of healthcare is what put you in the position of being at the financial mercy of the federal govt.  Continuing down that &#8220;system&#8221; road is going to make you full time employees of the Department of Health and Human Services.  It doesn&#8217;t sound like the AMA will be doing much to reform your payment model anytime soon.  And that is the true root of the problem for healthcare professionals.</p><p>But by all means, put out the fire in the grass while your home burns.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/will-reforming-malpractice-system-be.html#comment-90350</link> <dc:creator>Anonymous</dc:creator> <pubDate>Tue, 17 Mar 2009 23:40:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/will-reforming-the-malpractice-system-be-a-deal-breaker-for-health-reform.html#comment-90350</guid> <description>If we assume &quot;defensive medicine&quot; exists, and all doctors can agree on what it is, what &quot;reform&quot; would be the most effective, and assuming the $210 billion cost, how much would that reform decrease the cost to the healthcare &quot;system&quot;?</description> <content:encoded><![CDATA[<p>If we assume &#8220;defensive medicine&#8221; exists, and all doctors can agree on what it is, what &#8220;reform&#8221; would be the most effective, and assuming the $210 billion cost, how much would that reform decrease the cost to the healthcare &#8220;system&#8221;?</p> ]]></content:encoded> </item> </channel> </rss>
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