No silver bullet solution
BY WILLIAM E. SILVER, MD
With three abstentions, the Medical Association of
Georgia’s board of directors unanimously rejected the medical malpractice
administrative tort system concept that was under consideration in the state
when the General Assembly met in January of this year.
These physicians were asked to buy into a silver
bullet solution that proponents say would “lower premiums and save tax dollars
and pay injured patients quicker.” But having given both pro and con
perspectives full and equal time and consideration, the leaders of the leading
voice for the medical profession in Georgia concluded the “Patients’
Compensation Act” (S.B. 141) would simply represent a new tax on physicians and
other health care providers.
The association determined S.B. 141 would increase
the number of claims that are filed, increase costs for physicians and other
health care providers, and repeal provisions of the tort reform bill (S.B. 3)
that passed in Georgia in 2005, which has proven to be instrumental in creating
a better medical practice environment.
A study conducted by Aon Risk Solutions for the
Patients for Fair Compensation organization found that S.B. 141 would result in
a 1,700 percent increase in claims for insignificant injuries like lacerations,
bruises, minor scarsand rashes. Aon also calculated costs would increase by 13
percent, while the professional services company Towers Watson estimated costs
could grow between 35 percent and 105 percent.
Noteworthy, too, is that former Georgia Attorney
General Michael Bowers decided that S.B. 141 would be ruled unconstitutional by
the Georgia Supreme Court.
The Medical Association of Georgia - the largest
physician advocacy organization in the state with more than 7,400 members –
spent more than a year evaluating S.B. 141, which has no proven track record in
the U.S. I simply don’t believe you’ll find a more credible group to weigh in
on this issue than the association’s board of directors because it is comprised
of physicians from across the state who care for patients in a wide range of
medical specialties and practice settings.
I have the privilege of interacting with some of
these individuals on a regular basis as association president. From Savannah to
Columbus to Atlanta, this talented and caring group agrees we need to continue
to look for ways to improve Georgia’s tort system so they can allocate more
time to patients and in delivering the best medical care in the world.
Yet these same physicians – having heard both sides
of the argument – are also convinced that S.B. 141 is an unsustainable and
losing proposition. In fact, the adage “If it sounds too good to be true…” has
never been more apropos.
Reform medical malpractice
BY BERNIE MARCUS
President Barack Obama is scrambling to keep
promises he made to Americans when he sold us the Affordable Care Act. But what
happened to his pledge to reform the medical malpractice system?
Our current liability system drives costs far
higher and denies compensation to patients harmed by doctors. It’s expensive
and unfair and the new law ignores the issue completely.
Reforming the way this nation compensates injured
patients affects everyone. By not addressing the issue, Obamacare will cost
Americans dearly - particularly doctors and patients - while protecting the
profits of trial lawyers and malpractice insurers.
Today, doctors often order unnecessary medical tests,
procedures or consultations to protect themselves from lawsuits. Defensive
medicine accounts for $200 billion to $650 billion of the nation’s annual
health care tab.
Cut this waste and President Obama’s “cost curve”
will bend considerably. Healthcare costs would drop. The Affordable Care Act
would be far more affordable.
Instead, under Obamacare, doctors will be told not
to order expensive tests and penalized for patients’ frequent care and hospital
visits. And they will still be liable for outcomes.
The result: doctors will refuse to see the sickest
patients, leaving fewer doctors to take care of more patients.
Today, nearly 80 percent of injured patients have
no legal recourse. According to an Emory University School of Law survey, most
lawyers sniff at cases without a $500,000 potential award. The vast majority of
medical malpractice cases never go forward. Without a lawyer on contingency,
few patients can afford to pursue litigation.
According to Towers Watson, an actuarial firm, only
17 percent of the $8.75 billion in U.S. medical liability policies annually
goes to harmed patients. Another 17 percent goes to trial lawyers. Insurance
companies actually keep 65 percent; it’s the most profitable product they sell.
Today the Georgia and Florida legislatures are
considering solutions for a new way – a patients compensation system (PCS). A
mash-up of workers’ compensation and no-fault insurance, it would be run by a
public-private board. Medical professionals would review claims, taking the
process out of the civil courts, and issue awards predetermined by medical
actuaries.
Without fear of malpractice lawsuits, fewer doctors
would practice defensive medicine. There would be more claims, but awards would
be smaller. Total payouts would dramatically decrease. Most importantly, 80
percent of the awards would go to patients, not lawyers or insurance companies.
Surprisingly, the medical associations of Georgia
and Florida oppose this reform. Perhaps it’s because both have financial stakes
in their states’ largest medical malpractice insurance companies. According to
Oppenheim Research, 95 percent of Georgia physicians support the new proposal.
Today, all eyes are on Georgia. If our legislators
pass long overdue medical malpractice reform, other states will follow suit.
With Georgia’s leadership, national health care costs can be cut dramatically,
and both doctors and patients will get real justice.
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