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I was under the impression that the right-wing was just recently elected.
Whom was in charge not only in 2003 but in the decade or so prior when these preventitive measures were put in place?
Chirac got elected in 1995 , that's 12 years of right wing government in France.
Probably <TriMT7> took your inquiry as to whether the French get to sue doctors for BILLIONS of dollars as another instance of reference to the bunko right-wing claim that malpractice costs are responsible for rising health care costs. It would, after all, be in character. In fact, Americans are among the developed populations least likely to sue for malpractice, overall jury awards have not undergone significant increases, malpractice costs are a teeny tiny component of medical costs, and the actual costs of malpractice insurance are not correlated with jury awards, but rather with two entirely different things: significant changes in the stock market that alter the valuation of insurance company reserves, and the degree of competition that exists in regional malpractice insurance markets.
Of course, if you had meant by your comment to refer to something else, none of this would be relevant, so in that case, never mind...
So are you going to answer my question about France, or use the usual "right winger question" free pass card?
When was the last lawyer 'weeded out' by the ABA? The ABA disciplinary system is essentially a sham, tolerating all manner of ergregious behavior as if the mere convening of a (secret) hearing were enough to keep shysters in line. Medical personnel are meanwhile regulated by state licensing boards, not by the AMA. As with most state-run databases, a little more cooperation between them all would go a good ways toward helping to protect the public from actual repeat offenders, but it should at least be noted that much medical malpractice results from honest mistake, rather than from willful misconduct. This is another factor that separates doctors from lawyers.
If not the ABA, then the individual state bars, which are VERY strict in weeding out the bad guys. Oh, AND the state bar, at least in Florida, operates a "recovery fund" for clients who have been taken by shoddy lawyers.
"4.7 percent of doctors are responsible for 51.4 percent for all malpractice payments"
So are you going to answer my question about France, or use the usual "right winger question" free pass card?
Oh, you're claiming that it was a serious question. Well, even though it wasn't posed to me, until 2002, the French system was very similar to the US system. You sued, you argued, someone decided, there was a verdict, maybe you collected. In 2002, the process was altered. It now works more like a no-fault workers-comp claim system. Less paperwork, quicker turnaround, higher certainty of payment, no involvement with the judicial system per se. Funding is via premiums shared by all doctors, backed up (if necessary) by general revenues.
Oh, you're claiming that it was a serious question. Well, even though it wasn't posed to me, until 2002, the French system was very similar to the US system. You sued, you argued, someone decided, there was a verdict, maybe you collected. In 2002, the process was altered. It now works more like a no-fault workers-comp claim system. Less paperwork, quicker turnaround, higher certainty of payment, no involvement with the judicial system per se. Funding is via premiums shared by all doctors, backed up (if necessary) by general revenues.
Yes, it was a serious question. Unfortunately I don't get my information from right wing blogs, so I wasn't aware that they frequently discussed it.
Thank you for the answer. Now, I simply wonder if the same type of system would work in America with lawsuits being changed to something more like comp/claim system. While I wouldn't say that actual lawsuit amounts in America are a primary issue, I would say they are a secondary issue and do have some relevance. The problem is the amount doctors have to pay to cover their butt with insurance and the associated cost that drive the cost of owning a family practice way up. And yes, many of them are paying really high malpractice insurance due to a small number of bad apples. I happen to know a doctor that dropped his practice and became a sales manager for a company I worked with because when it was all said and done he made more per hour average with far less headaches by being a sales manager. He had many med school friends who had done the same.
I would say they are a secondary issue and do have some relevance. The problem is the amount doctors have to pay to cover their butt with insurance and the associated cost that drive the cost of owning a family practice way up. And yes, many of them are paying really high malpractice insurance due to a small number of bad apples. I happen to know a doctor that dropped his practice and became a sales manager for a company I worked with because when it was all said and done he made more per hour average with far less headaches by being a sales manager. He had many med school friends who had done the same.
But yet the statistics show that "malpractice" claims are NOT even "secondary" issues.... probably way down the list in terms of healthcare costs.
Malpractice PREMIUMS are an insurance company issue.... insurance companies making dollars hand over fist while hanging doctors out to dry. The problem is, many doctors have wrongly taken the side of the insurance companies, even though states that HAVE passed medical tort reform have seen no reduction in premiums!!
Malpractice PREMIUMS are an insurance company issue.... insurance companies making dollars hand over fist while hanging doctors out to dry. The problem is, many doctors have wrongly taken the side of the insurance companies, even though states that HAVE passed medical tort reform have seen no reduction in premiums!!
Wow, where to start....PLEASE respond.
1) Most tort reform laws do not stand up to constitutionality challenges.
So what you propose is passing laws that are suspended immediately due to constitutionality challenges and then rarely if ever enacted....and you want to see rate reductions for this immediately? George Bush pulled this junk when he was governor of Texas....go read up on it.
2) I used to work in the medical malpractice field as an actuary for about a decade....mainly for hospitals etc. as a consultant. Insurance companies lost BUCKETS of money selling malpractice insurance for most of the 80's and 90's due to a price war. They seem to be making a decent return now. Keep in mind that if a company makes a 10% profit after making no money for 10-15 years....it's likely a "record profit".
2b) The filings and rates are state regulated in most instances. The states must approve the bulk of the rates charged.
3) Hang doctors out to dry? The ones that have done that typically occurred when they went BANKRUPT....no doubt making record profits at the time? Several of these were mutuals like DIR\TVIR or the one in Pensylvania that came in at 35% of the going rate....grabbed the whole market share and then went bankrupt....causing rates to return to normal (triple). Mutuals are doctored owned....not for profit....and NOT covered by insolvency funds.
THE VOICE OF REASON:
Now, I fully appreciate the need for people to be able to sue for malpractice. I've seen thousands of medical malpractice claims.
The problem is NOT a single source, so anyone trying to pin the blame on one source is either brainwashed or pushing an agenda....here are the causes for higher malpractice rates:
1) Lower interest rates. Insurance companies making more investment income while holding your premiums until paying claims can charge less. Every point interest rates drop might make them have to charge 5% more as a very rough example. Interest rates have been low for a long time.
2) Higher claims costs. Many factors to blame here.
a) Jury verdicts have skyrocketed and the instance of lottery type awards have really increased in the last decade. This is state and even regional specific....it's why lawyers venue shop into poor areas that are anti-business.
b) Higher medical costs. The big dollar settlements aren't for killing people but for crippling them for the rest of thier life (babies in particular). Rampant increases in the medical cost index means higher settlement models.
3) Price wars in the insurance industry....blame the insurers and the government regulators. After the price wars ended, rates spiked as they returned to the levels they should have been at. (Doubling in some areas) This hid what was a growing problem and created a crisis.
If not the ABA, then the individual state bars, which are VERY strict in weeding out the bad guys. Oh, AND the state bar, at least in Florida, operates a "recovery fund" for clients who have been taken by shoddy lawyers.
"4.7 percent of doctors are responsible for 51.4 percent for all malpractice payments"
I don't disagree with the general concept but this is statistical abuse. The high risk docs get sued more often than say....podiatrists. I can tell you first hand that there are some bad docs out there so anecdotally I support the general conclusion but not the analysis.
Quote:
Originally Posted by TriMT7
http://www.centerjd.org/free/mythbusters-free/InsProfitsHighestEver.pdf (broken link) <--- Record Profits
Ok, this one is HILLARIOUS. It just looks at one year....and the insurance companies are on pace to make about a 13% return on surplus for 2004...and that is RECORD profits. Wow, that speaks volumes for just how bad of a run it has been for the industry if thier BEST year is that.
The attempted statistical abuse here is hillarious as it ignore rate of return and focuses on total dollars and GROWTH from 2003.
Yes, it was a serious question. Unfortunately I don't get my information from right wing blogs, so I wasn't aware that they frequently discussed it.
Exactly, you get your information from websites run by lobbying organizations for trial lawyers. Fair and balanced stuff there.
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