Posts tagged with: malpractice

Blog author: jballor
posted by on Wednesday, August 26, 2009

In an Acton Commentary this week, I argue that a critical piece of any comprehensive and meaningful reform of the health care system must include malpractice litigation (tort) reform. Part of what makes this so urgent is that the litigious climate in which we live has eroded the doctor-patient relationship. In “Patients and Doctors: Partners not Adversaries,” I write that “patients are less inclined to trust doctors whom they believe are ordering tests and procedures out of a desire to protect their own economic interests. Patients in turn are much more apt to turn to legal remedies when they feel that doctors have not been forthcoming and trustworthy.”

Last week President Barack Obama spoke on a conference call to thousands of faith leaders from around the country to try and enlist them in his fight for health care reform. Highlights of the president’s remarks, as well as full audio of the proceedings, are available here.

I should note that I was not (at least intentionally) channeling Sarah Palin when composing this piece. But last week Shane Vander Hart (at the ever-worthy Caffeinated Thoughts) pointed out that the former Alaska governor wrote in a recent Facebook memo that “we cannot have health care reform without tort reform.” Of course my (and Gov. Palin’s) argument is not novel with either of us.

But what is novel is the particular concrete approach that I highlight in the commentary. The University of Michigan Health System has implemented policies that encourage doctors to be upfront and honest about the regret for procedures gone awry and admit when mistakes might have been made.

As David N. Goodman of the AP reports, “The willingness to admit mistakes goes well beyond decency and has proven a shrewd business strategy,” citing an article in the Journal of Health & Life Sciences Law, “A Better Approach to Medical Malpractice Claims? The University of Michigan Experience,” by Richard C. Boothman, Amy C. Blackwell, Darrell A. Campbell, Jr., Elaine Commiskey, and Susan Anderson (PDF). The article cites a case that “illustrates how an honest, principle-driven approach to claims is better for all those involved—the patient, the healthcare providers, the institution, future patients, and even the lawyers.”

For some basic facts on health care, visit the Health Insurance Costs page at the National Coalition on Health Care. And for more information about the widespread practice of defensive medicine, see the PDF report from the November 2008 study, “Investigation of Defensive Medicine in Massachusetts” by the Massachusetts Medical Society. For more Acton resources, check out the institute’s Health Care media page.

I thought this was an interesting bit at the intersection of morality and economics. An insurance brokerage firm, K&B Underwriters, is sponsoring a physicians’ survey designed to determine whether doctors who work within a “culture of life” framework (e.g., eschewing abortion) are less prone to malpractice suits than those who don’t. The company’s hypothesis is that pro-life physicians are indeed “safer” in this way, with the implication that pro-life medical practices could be one criterion taken into account when calculating malpractice insurance. It’s a controversial claim, to be sure, but an intriguing approach—and the results so far seem to be supporting the hypothesis.

You can read more about the initiative—and complete the survey, if applicable—here.

HT: Deal Hudson’s “The Window” column.

Blog author: jballor
posted by on Friday, March 17, 2006

A recent NBER working paper, “The Effects of Tort Reform on Medical Malpractice Insurers’ Ultimate Losses,” argues that “The long run effects of reforms are greater than insurers’ expected effects, as five year developed losses and ten year developed losses are below the initially reported incurred losses for those years following reform measures.”

A number of the specific changes in the history of tort law are discussed in Ronald Rychlak’s Trial by Fury: Restoring the Common Good in Tort Litigation, part of Acton’s Christian Social Thought Series.

Rychlak argues that in addition to the tangible and significant economic impact of current tort law, the system also “encourages litigation at the expense of forgiveness and understanding. It ignores the role that family members, friends, religious leaders, and others can play in bringing about reconciliation.”