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To Fix Health Care, Fix Malpractice Mess

But that requires ignoring special interests—an unlikely scenario

By Matt Cantor, Newser Staff

Posted Jul 15, 2009 9:08 AM CDT

(Newser) – If we’re going to reform health care, we need to contain the vast costs of a malpractice system that chiefly benefits trial lawyers, writes Philip Howard in the Wall Street Journal. As it stands, “billions of dollars are wasted in ‘defensive medicine,’” and 60% of spending in the system goes to lawyers and administrative costs. But Congress is too concerned with protecting trial lawyers to change the status quo.

A key factor driving defensive medicine is the current system’s inconsistency in meting out justice. But when one senator suggested trying out special health courts, which could ensure “expertise and consistency,” the idea was quickly trampled by other senators, who argued the need for juries. In fact, “special courts without juries are common in America,” writes Howard, as in courts for bankruptcy and tax disputes. "Congress is mortgaging our children's future," he concludes. "Protecting trial lawyers is not the solution."

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Acting Senate Health, Education, Labor and pensions Committee Chairman Sen. Christopher Dodd, right, and ranking Republican Sen. Mike Enzi are seen June 23, 2009. (AP Photo/Harry Hamburg)

The malpractice system must be fixed if we're to fix health care, writes Common Good founder Philip Howard in the Wall Street Journal. (Shutterstock)

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You can see Congress tumbling down toward the lowest common denominator—a reform package that will do little to contain costs, but will offend the least number of special interests. - Philip Howard, chairman of Common Good

Cost containment must be a goal. Protecting trial lawyers is not the solution. - Philip Howard, chairman of Common Good

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COMMENTS

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Showing 3 of 13 comments

NewserScooter

Jul 28, 2009 3:24 AM CDT

You do not have to take different exams in each State. Usually the 1 set of boards is what is used to grant a license.

NewserScooter

Jul 28, 2009 3:20 AM CDT

Hardly true at all. BTW how many lawyers turn in each other? They know who file the majority of bogus suits, what does the bar do about it?

MarkFL

Jul 19, 2009 12:42 PM CDT

Toon is right Silence. Stop repeating the myth of waiting in Canada. That is not true. I certainly wait a really long time to get an appointment at my doctor now! It is true that people would not sue if the cost was covered. You could even shut down all suits except for wrongful death if you had a single payer, everyone-is-covered system. BS lawsuits are a tiny fraction of healthcare costs. However, Silence should examine what toon is saying... it's not naive at all. Single payer is not a guarantee of quality. It is a cost saving measure. The insurance business does not work and we really need it to. What do you suggest silence? Let me guess... silence.

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health care • Congress • health care costs • lawsuit • health care reform • malpractice • trial lawyers

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To Fix Health Care, Fix Malpractice Mess