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Paul Gessing

Malpractice Costly, but not a Silver Bullet in Health Care

Dr. John Vigil was one of two doctors that appeared on a panel with me at Rep. Martin Heinrich's town hall meeting last summer (video available here). (Remember the good old days when Obama and Congressional Democrats actually cared what form health care reform took rather than just attempting to pass any health care reform they could muster up the votes for?)

Anyway, I was pleasantly surprised when I sat on that panel to learn that Rep. Heinrich had not stacked the panel with pro-government reform proponents. Dr. Vigil in particular impressed me. Well, in today's Albuquerque Journal, Dr. Vigil explains that medical malpractice, while not solving all of America's health care problems, could have a significant, positive impact in terms of cost savings of $20-$30 billion annually or more.

Tort reform, as one component of other market-based reforms, could have a significant, positive impact on costs and quality, but as we have seen since Scott Brown's election in Massachusetts, Obama is pushing harder than ever, regardless of what that "reform" ultimately looks like.

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Paul,

I used to screen med malpractice cases for recommendation to sue, non-suit or coin toss. Many folks are never represented in a valid malpractice case because of the advanced age of the claimant. Naturally the jury award for an attractice 25-year old woman would be greater than that of a spetuagenarian woman. The latter would go uncompensated for failure of representation.

I have long recommended a workman's comp style of schedule for the sort of malpractice EVERNYONE can agree should be compensated. For example, for cutting off the wrong leg or arm, $1-Million; for cutting off a limb from the wrong patient, $2-Million. Operating on the wrong patient, another million. For failed anesthesia or oxygen resulting in brain damage, $5-million.

By now you get the idea.

Simple. Clean. Of course genius lawyers such as I was will figure out a way to make money out of even this.

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