Cyrus Dugger

The Type of Tort Reform We Really Need

This interesting article convincingly argues that medical liability caps do not bring down medical malpractice premiums. Instead, the forced sharing of rate setting methodologies and more competition amongst insurers effectively accomplishes this goal.

In short, as has been argued at a past DMI Marketplace of Ideas event, it is better regulation of the insurance industry, and not caps which drive down insurance premiums (See Lowering the Cost of Insurance with Harvey Rosenfield, DMI Marketplace of Ideas)

Minor insurer is cutting malpractice rates for doctors By Adam Jadhav ST. LOUIS POST-DISPATCH 10/13/2006

Pointing to medical malpractice legislation enacted more than a year ago, an insurance provider plans to announce that it will cut its premiums for Illinois doctors by more than 30 percent.

However, it was not the landmark bill's caps on how much doctors and hospitals can be forced to pay in a lawsuit that apparently did the trick, officials say. Berkshire Hathaway's Med Pro insurer - a minor competitor in Illinois' malpractice insurance market - says it is cutting rates because of the law's provisions designed to aid competition between malpractice insurers.

(continue reading article)

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Cyrus Dugger
Senior Fellow in Civil Justice
Drum Major Institute for Public Policy

Cyrus Dugger: Author Bio | Other Posts
Posted at 1:23 PM, Oct 17, 2006 in Consumer Rights | Health Care | Health Insurance | Medical Malpractice
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tort reform for medical malpractice?there is absolutely no need for such.what is needed is to stop the practice of credentialing people without the proper level of intellectual and academic capacity as medical professionals as social engineering projects ie Goals 2000 project.if a medical student needs the second two years of medical school (clinical studies)in order to raise a grade point average to "C" due to poor performance in the first two (academic studies)this person should NOT receive a medical degree. A "C" average may be sufficient for some professions, but not for any medical profession and absolutely not to receice an M.D.this simple correction in practices with show a huge drop in medical malpractice cases over time as the credentialed professionals are phased out by attrition

you also might consider that other forms of suits such as product liability and such would decrease if corporations were more interested in what their products will do once disseminated,rather than if they will make more off of the sales than they project they will pay in awards, so if you remove these awards or limit them it will be easier for these companies to figure this into their products and have even less consideration of the harm they do as even if the number of suits goes up they will still be able to maintain profitability, so look at who wants this reform and their hidden agendas

never answer an unanswered question with an unquestioned answer

Posted by: TAPayne | October 18, 2006 4:12 PM

Do people here believe in the benefits of torts? I do.

Here is the best tort reform. End all self-dealt lawyer immunities. Start with lawyers immune from legal malpractice claims by adverse third parties. Move to judges, in their job performance, liable in judge malpractice. Then reverse Hans by Federal statute. Next, repeal the 11th Amendment, and all remaining federal immunities, and constructive immunities, such as the duty of the police being only to the totality of the citizenry and not to individual crime victims.

If Payne is not a hypocrite and a lying lawyer, let him declare his allegiance to the benefits of torts for everyone.

Beside improving the product and the service performance, torts limits growth. So Republicans and Libertarians opposing the growth of government and of the lawyer profession should support their statutory exposure to full liability in torts for any damage caused by their carelessness.

If invited to blog here, I can discuss the 12 ways a lawsuit is a product, a chattel, like a toaster, and the self-evident way strict liability doctrines applies to the lawsuit complaint, not by analogy, but directly, like in a hand in a custom fitted glove.

Posted by: Supremacy Claus | October 18, 2006 5:30 PM