Author Box
Articles Categories
All Categories
Articles Resources

PPACA and Tort Reform

April 04, 2012 | Comments: 0 | Views: 122

On April 4th, 2012, the Associated Press reported that doctors need to quit ordering additional medical tests for each of their patients. The overall point of the brief sound byte was that physicians order extra diagnostic studies, to protect themselves from being sued. Surveys and polls of health care workers for the past two decades in America have concluded that doctors overwhelmingly admit to practicing "defensive medicine." A study conducted by the American Medical Association, in 2010, revealed of the 1231 physicians surveyed, 91% responded that they order more tests and procedures than needed in order to protect themselves from malpractice suits.

Many members of Congress have strongly claimed that they will never consider medico-legal tort reform and have encouraged their colleagues to follow suit, because it is their responsibility to protect the patients and the American citizens from medical negligence. They say that doctors want tort reform so that they can practice cavalier, careless medicine, and not be held accountable. They lead their constituents to believe that they are champions of compassion and compunction, but that doctors collectively are irresponsible and perfunctory. They deny the medical providers claim that they believe they must practice defensive medicine, as the statement to physicians just out of training today is: "it isn't if you get sued any more, it's when and how many times."

The politician's ignore the facts, or misrepresent the truth whenever it is expedient to their cause. The facts show consistently that doctors practice defensive medicine, and the reason for this practice pattern is the fear of liability. The media is willing to suggest that doctors must curtail their excessive ordering habits to control costs. Health care costs are growing at exponential rates, and all doctors are certainly cognizant of this problem. Congress and the media accusingly reprimand doctors that we must quit ordering all of these diagnostic tests, reminding us that American medicine is too costly. Yet, when the medical providers push back with a plausible explanation, like, we would happily trust our clinical skills, and decrease the number of studies and procedures that we require of our patients, if Congress would simply enact some reasonable reform of our medical legal system, they refuse to listen.

As long as tort reform remains a sacred cow with our Congress, we will never see legitimate control of our health care expenditures, nor will we truly reform our health system. On the American Association of Justice, AAJ, (formerly known as the Association of Trial Lawyers of America-ATLA) website, under the newsroom section, they have an article titled "The Truth about 'Defensive Medicine', Debunking the Myths." The AAJ, in spite of the overwhelming proof that doctors practice defensive medicine, spend their time, effort, and resources trying to persuade anyone willing to listen that doctors don't actually practice defensive medicine. And they're the some of the same people claiming that doctors need to quit ordering all of the extra, expensive, diagnostic studies. Let me ask the AAJ, why do doctors order these additional studies and procedures?

The 112th Congress (435 US House, and 100 US Senate, total of 535) has 202 attorneys (down from 203 attorneys in the 111th Congress). 37% of our Congress are attorneys. Any decision about medico-legal tort reform will never be legitimately discussed and considered, as long as two-fifths of Congress are lawyers. This group will never seriously consider honestly examining the current medical liability system in our country. Yet, when they are up for re-election, they'll tell you vehemently that they're simply spokes persons for their constituents. If this were really true, then why wouldn't they live by the same standards they require of the American citizens; their constituents? Instead, they exempt themselves from the Patient Protection and Affordable Care Act (PPACA), they designed automatic cost of living adjustment (COLA) salary increases applied to their salaries every year, and their retirement and pension plans are superior than most.

Will we really see legitimate health care reform anytime soon? As long as 37% of Congress are attorneys, and as long as this powerful body of politicians refuse to honestly discuss tort reform, we will never see real and lasting health care reform. But one thing is certain, we'll continue to chastise and reprimand the doctors for liberally ordering expensive and unnecessary studies, until doctors are finally fed up to the point of standing together, or until they simply throw their hands in the air, and find a new way to make a living.

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Tort Reform


Health Care


Defensive Medicine





Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 292

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

All of us have been to our local hospital's Accident and Emergency department at some point, be it for a spot of DIY gone wrong or a sporting accident. Cases in A&E are generally dealt with quite

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 25, 2012 lViews: 213

The birth of a child is one of the greatest and most joyous moments in the life of the new parents, and if the child is born healthy and without unexpected complications this is often the case. On

By: Michael Siebenl Legal > Medical Malpracticel June 18, 2012 lViews: 276

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition.

By: Noel Boensell Legal > Medical Malpracticel June 16, 2012 lViews: 187

Pressure ulcers are more commonly referred to as bedsores. These sores are not something that we can all expect to have when we grow older. Anyone with a loved one in a nursing home or care facility

By: Dave Abelsl Legal > Medical Malpracticel June 16, 2012 lViews: 167

Thankfully, medical negligence isn't that common but there are still lots of people who have suffered misdiagnosis, the wrong prescription or a surgical accident that has led to discomfort, a

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 15, 2012 lViews: 174

There exists several forms of medicinal negligence and no any two cases are always similar. Medical malpractice cases usually involve very many medicinal areas. As opposed to the common perception

By: Jack Quincyl Legal > Medical Malpracticel June 12, 2012 lViews: 156

If you were in business, and you had a contract with a major company that was responsible for 9-12% of your business, and that business sent you a letter saying they would be decreasing the amount of

By: Dr Kipp A Van Campl Legal > Medical Malpracticel May 16, 2012 lViews: 167

As you know, the Supreme Court heard oral arguments regarding the landmark Affordable Care Act (ACA) almost two weeks ago. Logic would tell each one of us who strive to be informed and who attempt to

By: Dr Kipp A Van Campl Legal > Medical Malpracticel April 12, 2012 lViews: 120

Discuss this Article

comments powered by Disqus