Health “Reforms” a Boon to Trial Lawyers

Posted by John LaPlante in Medical Malpractice, Texas on Dec 22nd, 2009 | no responses

There are a lot of losers in the new health “reform” bill, starting with, well, almost everyone who’s a patient. But fear not, some people do gain.

Who? Ambulance chasers, for one, according to Joseph Nixon, a senior fellow with the Texas Public Policy Foundation. “Few groups make out better under the congressional leadership’s health-care plans than personal-injury trial lawyers.”

He finds at least “26 new opportunities for plaintiff lawyers to sue doctors for malpractice” (emphasis added).

So as we’re going to encourage more people to visit the doctor (by growing Medicaid and subsidizing health insurance), we’re going to discourage doctors from practicing medicine, by laying a number of new legal traps.

Contrast this possibility with the reality of what has happened in Texas. Nixon knows a few things about the Lone Star state, since he is the author of reforms enacted there a few years ago.

In the 6 years since the state enacted tort reform, 18,000 doctors have moved in and set up shop. Some portion of that number, no doubt, is due to the state’s favorable economic situation (growing population, no income tax), but some of the credit goes towards new rules meant to curb frivolous lawsuits and reduce the need for defensive medicine.

A new federal law would likely inhibit other states from following the example of Texas. Worse, it could invalidate the reforms that Texans have benefited from since 2003.

Just another example of how “health deform” will hurt. I’m sure we will be finding more skunks at this party as time goes by.