The Hill: Obama Address Causes Heartburn for Tort Lawyers

In last night's State of the Union address, President Obama held medical malpractice tort reform out as a sacrificial lamb. The Hill's Healthwatch carries more on the president's thinking on tort reform in this articls: Obama address causes heartburn for tort lawyers .

A related article also in The Hill: Senate Democrats greet call for medical malpractice reform with skepticism.

Huffington Post Puts Defensive Medicine on Trial

An article on Huffington Post puts defensive medicine on trial: It's Time to Call Their Bluff: "Defensive Medicine" Is a Fraud. The January 6 post by Joanne Doroshow states:

While anonymous doctor surveys provide the principal foundation for the argument that widespread "defensive medicine" exists, credible organizations who have looked into the issue have had a very hard time identifying pervasive "defensive medicine," especially when managed care companies are paying the bill.

But, writes Doroshow, there is another issue.

In these anonymous surveys, doctors never actually identify specific tests or procedures they have conducted for the primary purpose of avoiding a lawsuit, let alone a service they would no longer perform if severe "tort reform" were enacted. There is no better illustration of this than the June 1, 2009, New Yorker magazine article called "The Cost Conundrum; What a Texas town can teach us about health care," by Dr. Atul Gawande. This widely-circulated article explored why the town of McAllen, Texas "was the country's most expensive place for health care."

Click through to read the full Huffington Post, and to link through to The New Yorker article Cost Conundrum.

Study Reveals Cost of Malpractice Insurance, Verdicts and Settlements and Defensive Medicine Accounts for Only About 2.4% of US Healthcare Spend

A recent study published in the public policy journal Health Affairs, Low Costs Of Defensive Medicine, Small Savings From Tort Reform, provides important information about the costs of medical malpractice litigation and defensive medicine in comparison to the total cost of U.S. health care. The study shows that the medical liability system, a vital means for holding health care professionals accountable to accepted standards, amounts to only 2.4 percent of American health care expenditures.

In light of Health and Human Services (HHS) data showing that the U.S. spent $7,681 per person in 2008 on health care, the study results suggest that only $185 of that amount goes toward malpractice insurance, "defensive" medical tests, legal costs and the verdicts and settlements paid to patients. Contrary to the negative attention that litigation received during the recent national health care dialogue, this figure seems surprisingly modest given what Americans pay for other hedges against risk, such as car, home and life insurance.

Learn more at Health Affairs.

NEJM Looks at Medical Liability in Health Care Reform

The New England Journal of Medicine takes a look at medical liability reform at the federal level. The article, The Role of Medical Liability Reform in Federal Health Care Reform, provides a bit of background on the topic of tort reform and sees "at least three reasons why government champions of health care reform might consider bundling medical liability reform. These are: defensive medicine, physician support, and to attract Republican support. For more details, please read the article here: medical liability in health care reform.

Effects of Arkansas Tort Reform Being Weighed by Insurance Commissioner

According to an article in the Arkansas Times, Fewer medical malpractice suits, tort reform legislation in Act 649 has reduced the number of medical malpractice suits filed in the state. But says the article, the effect of Act 649 on insurance premiums is less clear.

"The state insurance commissioner is required by law to file an annual report with the legislature on malpractice insurance rates. Those reports have generally said that it's still too early to evaluate the effect on rates of Act 649.... The report says there were nine medical malpractice rate filings in Arkansas in the most recent 12-month reporting period. Three of those were by new companies entering the state or for new products offered by companies already here, and thus couldn't be compared to previous rates, the report says. Of the other six filings, 'One filing provided for an overall decrease in rates of 39.5 percent. Five contained overall increased rates, none above 14.4 percent.'"