Re: Tort Reform

From: Larry Glazerman (l.glazerman@rcn.com)
Sat Aug 14 23:30:13 2004

Joe:

I'm not a lawyer, but your explanation of the tort system is right on. I think this illustrates a point I have tried to make for some time:

I believe that we have two goals:

1. Quality assurance in health care 2. Compensation of injured parties in an appropriate fashion.

I would suggest that the tort system accomplishes neither of these goals. Bad doctors are NOT removed from the system (primarily because of the fear of lawsuits), and injured parties are NOT compensated appropriately. Too much of the compensation goes to the lawyers, experts, etc. I truly believe that some sort of no-fault compensation system would do a better job of achieving these two goals. 

--
Larry R. Glazerman, MD
Ob-Gyn at Trexlertown, PC
610-402-0161
l.glazerman@rcn.com


  _____


From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of
DoctorJoe@aol.com
Sent: Saturday, August 14, 2004 10:05 PM
To: Multiple recipients of list OB-GYN-L
Subject: Re: Tort Reform


In a message dated 8/14/04 15:51:35, dpriver@aol.com writes:


It is interesting, isn't it, that a permanently damaged newborn is only
able to be compensated if fault can be found in the care provided.  From
a morality perspective, why shouldn't a baby damaged in the absence of
fault be equally entitled to be compensated?


You're missing a connection here about what the law of torts says.


If I'm walking down the street and trip over my own fat feet and break my
arm, I have to deal with it myself (insurance, out of pocket, whatever). If
I'm walking down the street and YOU break my arm, I can make a claim against
YOU to pay for it. In fact, if my insurance company pays for it, THE
INSURANCE COMPANY can sue YOU to get their money back. The point is, if you
do something that's YOUR FAULT, you are responsible for it.


If you have a damaged baby through the fault of nobody in particular ("act
of God"?), then you use your insurance, out of pocket, and any public funds
available (Medicaid, Medicare, SSDI, whatever) to deal with it. However, if
it's the DOCTOR'S fault, then HE pays, or at least you try to make him pay.
And the same thing applies here - if your insurance company pays for the
baby, then they can sue the doctor to recover their payments.


So, you're not happy that lawsuits recover MORE than you think the baby
deserves? What about parents (and relatives and insurance companies and the
government) who put out loads of money and their own effort for years and
years? That adds up to lots of moola, not counting all their own time they
put in (even at minimum wage, it'll add up over 20-30-40 years). I think you
have to do a pretty detailed accounting to see if what you think is really
what is.


Joe P.



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