The Conservative Cave
Current Events => Political Ammunition => Topic started by: thundley4 on September 22, 2009, 08:23:50 AM
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Since passing tort reform in 2004, Mississippi has seen the number of medical malpractice claims plummet by 91 percent from its peak. The state's largest medical liability insurer dropped its premiums by 42 percent, and has offered an additional 20 percent rebate each year since tort reform went into effect.
That is the story that Mississippi's Republican, governor, Haley Barbour, offered on Friday, speaking at the Heritage Foundation. He also made an observation about President Obama's decision to offer only token "demonstration projects" on lawsuit abuse rather than address it meaningfully in his health care reform proposal.
"It's mysterious to me that the administration and the leadership of Congress talk about health care reform and the goal of reducing costs, and yet refuse to put tort reform into the legislation," he said. "I believe $200, $250 billion a year in health care costs is caused by litigation. It may be more than that. But this is the lowest hanging fruit, this ain't rocket science. If they want a demonstration project, come down to Mississippi, and I'll show you a demonstration project." (Last month, Barbour wrote this op-ed for The Examiner on insurance reform.)
Mississippi's legal situation was particularly bad when he came into office, Barbour said. "When I ran for governor in 2003, for the third consecutive year the U.S. Chamber rated Mississippi the worst state in the country for lawsuit abuse -- a judicial hell-hole," he said. "And the reason they rated us that way is because we were. The state was overrun by out-of-state plaintiffs shopping for generous venues, some of which rarely if ever ruled for defendants.
Mississippi's reforms were truly sweeping. The new laws:
Changed rules of venue, to prevent abusive court-shopping.
Got rid of the rule of "joint and several liability" -- as Barbour put it, in order to protect the defendant who is only "2 percent negligent" but who has the "deep pockets" that trial lawyers look for when deciding whom to sue.
Protect innocent landowners and sellers of products. Under the reforms, "if a pharmacist is selling a drug that the FDA has said is appropriate for the purpose it says it's used for, unless the pharmacist knows it has been tampered with, then that pharmacist is immune," said Barbour.
Put caps on punitive damages, with a sliding scale based on the size of the defendant corporation.
Put caps on non-economic damages, particularly to deal with medical malpractice liability.
Washington Examiner (http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/Heres-your-demonstration-project-Mr-President----its-called-Mississippi-59990137.html)
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Texas numbers where much the same I do believe.
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Texas numbers where much the same I do believe.
Not only that, but the number of doctors per capita in Texas has climbed from 47th nationally to around 30th in just five years. Hmmmm...(updating resume and looking at South Texas Project or Commanche Peak)...
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I doubt the world is ready to believe that anything good could come out of Mississippi.....sigh.
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Now Tort reform is a good thing but what are the hard numbers for how much it saves the average person? Example...what does it cost to have open heart surgery in Mississippi compared to a state that doesn't have the reform?
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I doubt the world is ready to believe that anything good could come out of Mississippi.....sigh.
Oh you're gonna regret that remark :-)
*proud Mississippi girl here
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Oh you're gonna regret that remark :-)
*proud Mississippi girl here
Sorry, shoulda put a sarcastic smiley after that. Growing up as an AF Brat I spent most of my life in MS with my Grandparents. Matter of fact, I helped my Grandmother plant Magnolias on I-10 by the Hospitality Center. I am quite proud of Mississippi, and frankly get quite upset with all of the ASSumptions all have about the state.
I am sure you know EXACTLY what I mean......well, now anyway.
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^Hey no worries. We gotta stick together. Esp. when it comes to college sports around this board. :-)
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You got it....but I guess that depends on which college we are rooting for. :naughty:
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More important than the direct malpractice insurance is the indirect "defensive medicine" costs.
Malpractice insurance is actually only like 3% of total healthcare costs in the US. Significant, but not critical. However, in a desperate effort to reduce malpractice claims, doctors are often made to do all sorts of expensive testing that they feel is unnecessary, just for that one-in-a-million chance that this guy's pink eye is actually (insert deadly disease or cancer).
Your ankle looks sprained, but lets do an x-ray and MRI just to be sure! Such waste drives up healthcare costs tremendously. Doctors need to be more free to use their own professional judgment instea of what their lawyer thinks they should do.
Tort reform would reduce costs and decrease waiting times. (less wasteful usage of limited equipment)
It's not the only thing we should do, but we really should do it!
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Not only that, but the number of doctors per capita in Texas has climbed from 47th nationally to around 30th in just five years. Hmmmm...(updating resume and looking at South Texas Project or Commanche Peak)...
Commanche Peak... you can live right near that nuclear reactor