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Tort reform takes center stage at summit—brings to mind recent House Committee study on broken medical malpractice system

February 26, 2010

As expected, one of the top issues discussed at President Obama’s health care summit was tort reform. But unfortunately, most members were unwilling to work towards meaningful, comprehensive medical malpractice reform.

This despite overwhelming evidence that something needs to be done:

A recent report by the U.S House Committee on Oversight and Government Reform said that the House healthcare bill “actually serves to protect the interests of trial lawyers, while punishing states that have already enacted successful reforms and brought down costs associated with malpractice lawsuits and liability insurance” (emphasis added).

The report even characterized the Senate’s effort at tort reform as “even more vague in addressing reform of what is sometimes referred to as the health justice system.”

In other words, none of the health care bills being considered make a legitimate attempt to address the out of control medical malpractice lawsuit culture in this country, which results in a tremendous waste of time and money as doctors order unnecessary tests to protect themselves from litigation.

According to the results of a new Gallup poll, physicians say that more than 25% of healthcare dollars that are spent in the United States go to unnecessary tests ordered by physicians who are trying to avoid lawsuits.

If true, that would mean more than 4% of the American economy was spent on unnecessary medical tests.

An egregious waste of time, money and resources.

Simple math gives us these numbers. Simple economic understanding tells us that we cannot afford to leave them unchanged. The very un-simple reading of the legalese in both reform bills that passed through their respective Chambers of Congress tells us that neither bill does anything to address this problem.

If President Obama has an honest desire to reduce health care premiums in this country, he has no choice but to get serious about tort reform.

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