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July 28, 2006

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DocJohnny

1)"The key is how does the system do when sorting out claims, and on that point, the current system does very well."

Only if you are a lawyer. Even a frivolous claim ties up time and money better spent elsewhere. Only attorneys benefit from claims, and only an attorney could think the current system works "very well".

2) "But making us the scapegoat doesn't change the fundamental problems with medicine."
-This entire argument is a straw man argument. No one is claiming that tort reform will "fix" the entire health care system. Tort reform will fix the problem of frivolous torts and rising malpractice insurance rates.

3) "Physicians, the people with the most to gain and the most to lose, MUST stop being diverted with this issue and focus on how we are going to fund and provide healthcare over the next couple of decades."

-Again, separate problems. The issue of tort reform is only a part of the impending health care crisis. But it is in no way a diversion, it is definitely part of the problem.

Matt

"Even a frivolous claim ties up time and money better spent elsewhere."

Where would it be spent? On more insurer overhead?

"Only attorneys benefit from claims, and only an attorney could think the current system works "very well"."

David Studdert is an attorney?

" Tort reform will fix the problem of frivolous torts and rising malpractice insurance rates."

No it won't. It hasn't done that in any state it's been tried. Malpractice rates rise because the cost of medical care rises. The bulk of all awards are for past and future medical bills. That won't change. All that will change is that it will be harder for some of the legitimately injured to find an attorney, and thus their bills will become the responsibility of the taxpayer.

"But it is in no way a diversion, it is definitely part of the problem."

The problem of insurer profits? Maybe. The problem of healthcare delivery and cost? Not really. At its most generous, it's less than 10% of the cost of healthcare - and that's assuming every case is frivolous and no one should carry insurance.

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