Sunday, February 21, 2010

Cost Cutting, Health Care version

Doctors buy malpractice insurance to protect themselves against lawyers. The insurance can run as much as $100,000 a year. That's a helova lot of money. If the doctor works 50 weeks a year, 40 hours a week that's 2000 hours. $100,000 / 2000 hours equals $50/hr. The doctor has to charge $50 an hour for his time just to pay his malpractice insurance.
That's one of the reasons that medical care is so expensive. We could cut this down a lot.
1. Cap on awards. Surely $300,000 dollars is enough compensation for pain and suffering. In fact it's generous for individuals. But it's too low to feed a lawyer. Malpractice lawyers work on contingency fees, they take the lion's share of any court awards in lieu of fees. A couple of million dollar jackpots covers the expenses of the suits they loose. Lower the awards and a lot of lawyers will find more profitable lines of work.
2. Demand expert witnesses be real practicing doctors, not hired mouths. An expert witness should be required to show that he personally treated a round dozen cases like the case before the court. Right now any joker with a medical degree is an expert witness. Most of them do no medicine, they just testify in court, for pay. Real practicing doctors have real experience, and are reluctant to point fingers at colleagues. The hired mouths will say anything they are paid to say.
3. Adopt a "loser pays" rule. Losing side pays all the court costs. That will drive off the weaker suits.
4. Forbid lawyers to advertise for plaintiffs. Used to be it was unethical for lawyers to advertise at all. Now Fox TV runs hourly ads from lawyers looking for plaintiffs to give them some standing to sue.
5. Proscribing FDA approved drugs and medical equipment is NEVER malpractice. Even if the FDA later changes its mind and pulls the drug off the market. The FDA is so conservative in granting approval for the sale of drugs, that any reasonable person is justified in believing approved drugs are safe. Doctors, hospitals and drug companies should not get sued for proscribing, administering and manufacturing FDA approved drugs.

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