78 posts categorized "Opinion"

February 07, 2008

10 Ways to Fix Health Care: Opinions from 10 Experts

Amy from the Online Nursing Degree Directory emailed me to let me know about a new post on the ONDD blog about how to fix health care.  All ten opinions are interesting, but here's the one I like the most.

6. Cut costs for med students
Like CDC head Julie Gerberding, Robert B. Goldberg, who heads the Medical Society of the State of New York, also points to medical school as the place to start change. But his argument focuses on the costs to students, not the separation of education. Large amounts of debt, he says, forces many medical students to specialize in one area instead of becoming the more needed primary care physicians.

If payment structures were changed, Goldberg says, the best and the brightest medical students might be able to afford to select primary care as their field. Giving future doctors more accessibility to electing primary care as their specialty would reduce scheduling delays, improve quality of care and allow for more efficient medical practices, Goldberg says.

Online Nursing Degree Directory » Blog Archive » 10 Ways to Fix Health Care: Opinions from 10 Experts

Personally, I think we need to have complete student loan forgiveness for most doctors.  I would imagine that physician availability would increase if it didn't cost $200k+ to get an M.D.

P.S. - None of these experts say the solution is tort reform.

December 02, 2007

An Op-Ed debunks the "tort tax"

Just saw a nice Op-Ed at the Anniston Star.  Here's the conclusion, but the whole thing is worth the short read.

But in his zeal to protect Big Business, Fuller places the cart before the horse and fails to consider just who is to blame for the “tort tax” that he decries, for if there were no unsafe products, then it would not be necessary for Americans to hire tort lawyers in the first place. According to the Consumer Product Safety Commission, every single year there are about 4,500 deaths and 13.7 million injuries associated with just 15 categories of consumer products, not including automobiles.

Add to these the deaths and injuries caused annually by toxic substances and pharmaceutical products and it should be obvious that the real “tort tax” is paid not in the form of dollars, but in the deaths and injuries caused by industry negligence. There is no doubt that this “tort tax” will soar if Fuller and his strategically named “Alabama Voters Against Lawsuit Abuse” get their way.

The Anniston Star » The real tort tax

I wish someone would put a dollar figure on the cost of those deaths and injuries. God knows the "reform" movement doesn't give a damn about human lives.

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November 21, 2007

Why should we protect doctors like this?

Through carelessness or the desire to save a few bucks, a doctor in New York has infected at least two people with Hepatitis-C, and put 628 more at risk:

In 2005, investigators found that, in violation of widely accepted practices recommended by the C.D.C., Dr. Finkelstein, 52, who specializes in pain management, was reusing syringes when drawing doses of medicine from vials that hold more than one dose.

He would use a new syringe for each patient. But when giving one patient more than one type of drug by injection, his practice of using the same syringe to draw medicine from more than one vial led to the potential contamination of the vials. The blood of a patient who was infected with hepatitis C could, by backing up through the syringe and entering the vials, infect another patient when the same vial of medicine was used again. This is what happened in at least one case, health officials said.

State health officials said yesterday they hoped to get the C.D.C.’s support in seeking the elimination of such multidose vials.

Any fix would come too late for Raymond Bookstaver, 49, a Hicksville mechanic who was one of two patients initially identified as having been infected by Dr. Finkelstein’s improper use of syringes.

“I feel like I went to a doctor for help, and what I got instead was a death sentence,” Mr. Bookstaver said. His hepatitis is being treated, but erupts unpredictably, causing him to suffer flulike symptoms including nausea, vomiting and aching that leaves him bedridden, he said.

Patients Were Not Told of Misuse of Syringes - New York Times

I deeply feel for doctors who try their best and still have an adverse outcome - especially if the outcome wasn't certain to begin with.  But doctors like this deserve absolutely no protection from malpractice lawsuits.  Of course, one might argue that the court system isn't the best choice to discipline incompetent doctors.  Some argue that should be left to regulatory agencies.  However:

"For reasons that were unclear yesterday, his case was not referred to the State Board for Professional Medical Conduct of the State Education Department until nine months after his unsafe practices were known."

Nine months went by?  This is inexcusable.  I don't want to hear the standard complaints about a heavy workload, or inadequate funding, or any other excuses regulatory agencies often make.  (Hypocrisy alert: Ever notice how "reformers" tend to believe that private enterprise can do just about anything better than the government, but those same reformers don't want private enterprise to regulate businesses?)  Oh well.  At least they fixed the problem eventually, right?

"That agency, charged with taking disciplinary actions against doctors, found no evidence of wrongdoing, and recommended no disciplinary action.

In January 2005, the Health Department began an epidemiological investigation to determine how many of Dr. Finkelstein’s patients were infected by the vials of medicine that he had used more than once."

See why I don't trust governmental agencies to regulate doctors?  (Or other businesses, for that matter.)

But wait!  It gets even better:

"Michael Duffy, a lawyer who specializes in medical malpractice cases and vice president of the New York State Academy of Trial Lawyers, said that the long delay in notifying the 628 potential victims of Dr. Finkelstein’s practice was especially troubling because none would be able to seek damages in court."

Proof positive the system works: If you're an incompetent doctor, anyway.

November 19, 2007

Club For Greed, Indeed!

No one will be surprised to know I'm hoping to vote for John Edwards in 2008.  Even if he doesn't get the nomination, I'll still probably vote for the Democratic candidate.  But I have to admit, I do need to start looking at Mike Huckabee.  As the following article explains, he's starting to sound like John Edwards, which is a good thing in my book.

Honestly, the main reason I'm such a Democrat is because of the Republican party's unabashed obeisance to the almighty dollar.  (That and the party's holier-than-Christ attitude towards religion.  And its harsh attitude towards gays, while members of their own rank try and seduce teenage boys or meet men in restrooms.  And the way they claim to be fiscally conservative but will piss away 3 trillion on a bullshit war for oil... that doesn't even get me cheap gas.  And the way they claim to be strict "law and order" types when the criminal is a poor minority, but not when it's a wealthy CEO who raises millions for the Republican party.)  Anyway, I liked the "Club for Greed" line. 

"Like many of his rivals, Huckabee brings his own deviations from conservative orthodoxy from the table. Ordinarily when a presidential candidate declares that he’s “for Main Street, not Wall Street” and laments that he doesn’t want his party to stand for “the CEO making $100 million instead of the guy who gets laid off because of that,” one’s reflexively response is “oh, go back the hair salon, John Edwards.” But these are Huckabee’s words....

Hearing Huckabee refer to the Club for Growth as “The Club for Greed” is enough to make most free marketers take an angry spit-take. But opinion polls have shown for quite some time considerable national anxiety about the economy, despite a booming stock market and steady growth in the GDP. Huckabee’s rhetoric may match the times, and with a Fortune magazine cover declaring “Business Loves Hillary!” and detailing how Wall Street has filled her coffers, one may wonder how many times a Republican presidential candidate must come running to the rhetorical aid of corporate executives."

Jim Geraghty on 2008 on National Review Online

Of course, the fact that Huckabee doesn't (seem to) worship the wealthy will no doubt doom hi

s campaign.

November 15, 2007

I Always said Warren Buffett was smart...

I might feel differently about this issue if I was in line for a ten-figure inheritance, but I agree with Buffett:

"Dynastic wealth, the enemy of a meritocracy, is on the rise. Equality of opportunity has been on the decline," Buffett said. "A progressive and meaningful estate tax is needed to curb the movement of a democracy toward plutocracy." Buffett backs estate tax, decries wealth gap | U.S. | Reuters

If Buffett were to say we've already edged our way into a plutocracy, I wouldn't disagree too vehemently.

Conservative Blogger Warner Todd Huston Misses the Point and Attacks the Civil Justice System

Warner Todd Huston notes with great disdain that Lowe's now sells "family trees" instead of "Christmas trees" and blames it on, of course, the civil justice system:

Now, obviously this is a simple business decision made by Lowe’s made in order to keep the militant atheists off their backs. Who can doubt that the Lowe’s folks are doing their best to avoid the costly nuisance lawsuits so commonly filed by these anti-American trouble makers? After all, Lowe’s is a large Corporation, but their pockets aren’t so deep that they can afford such idiotic lawsuit filings — efforts that prove we should have a “losers pay all fees” system instead of what we now have. In a way, one can sympathize with Lowe’s for making the effort to avoid the trouble those hateful of American traditions and religions cause these days. It almost makes smart business sense… at least smart where it concerns the legal department.

Blogger News Network / Christmas Under Assault: Dumping the Christmas Tree for a ‘Family Tree’

Warner, have you considered that this decision was made to entice those "anti-American" Jews, Muslims, and Hindus into buying their trees?  By rebranding the Christmas tree as a Family tree, Lowe's is attempting to appeal to a wider market and sell more trees. 

"Christmas under assault..."  Warner, Christmas has been under assault for decades by the capitalist system.  What was once a solemn religious holiday (So I'm told) is now a "shopping season" with the entire point of enriching merchants.  If you want to attack Lowe's (0r others) about Christmas, why not attack them for trying to make a buck off the death of Jesus?  I seem to recall reading something in the Bible about Jesus not caring for those who tried to commercialize religion.  Say what you will about trial lawyers, but they sure as hell don't hold "Christmas sales" or otherwise try and commercialize Christmas.

In my living room this year, there will be a Christmas tree.  You can call it a family tree, a holiday tree, or a garish tree covered with tacky ornaments... but in my heart it will always be a Christmas tree.  Unlike so many conservative zealots, the strength of my beliefs isn't dependent upon what others say or do.  If Lowe's wants to attempt to rebrand Christmas into a nondenominational holiday, so be it.  But let's not blame the civil justice system.  And certainly, let's not claim that everyone who doesn't celebrate Christmas is "anti-American."  I wonder how the American soldiers in Iraq who don't celebrate Christmas would feel about being called anti-American...

June 19, 2007

Business is booming in Alabama, despite supposedly poor legal climate

"Reform" groups have a vested interest in engaging in fearmongering over the civil justice system.  The executive directors of most state "reform" groups earn six-figure salaries, which come from donors who believe the civil justice system is broken.  A common charge levied against the tort system is that the legal climate is preventing businesses from coming to an area.  Certainly, the "reform" movement has tried that in Alabama.  Here's a letter to the editor that calls their bluff.

New businesses rain on Alabama:

Alabama may be in the midst of a severe drought as far as rain, but new businesses are raining down on our state. Notwithstanding the claims of some organizations, lawsuits do not seem to be preventing corporations from locating new plants in Alabama.

On May 11, ThyssenKrupp approved a proposed $3.7 billion, 2,700-worker, steel-finishing complex in Mobile County. On June 12, The News reported Magna International Inc. is looking at a northwest Alabama site for a North American vehicle-assembly plant. Hardly the kind of activity you would expect to see from companies fearing the litigation explosion, or is there really such an explosion?

According to U.S. Department of Justice statistics, the number of civil trials dropped by 47 percent and tort cases dropped by 31 percent between 1992 and 2001. However, as reported in The News recently, CEO compensation has seen a dramatic rise during this time. Of the companies listed in the Standard & Poor's 500, the CEOs received a combined $4.16 billion in 2006. If the minimum wage had increased at the same pace as CEO pay since 1990, the minimum wage would be $22.61 per hour.

So, business is up, CEO pay is up, minimum wage is stagnant and tort cases have dropped. Hmmm, it does seem like there is a problem here.

Jon E. Lewis

Downtown

Source: Letters, faxes, and e-mail- al.com

Can you imagine the howls if a legislator suggested tying minimum wage to CEO salaries? 

June 17, 2007

Race Baiting, Ted Frank Style

 To most tort "reformers" Judge Roy Pearson's lawsuit was upsetting.  But the "reformers" were truly outraged by something else: The fact that the AAJ openly condemned the lawsuit and came to the defense of the defendants.  Unfortunately for the "reform" lobby, there were no trial lawyers to demonize in this case.  So since Ted can't blame trial lawyers for this lawsuit, he does the next best thing: He plays the race card and accuses trial lawyers of opposing Pearson's lawsuit simply because Pearson is black.  (Ted also describes Pearson as being poor, but since Pearson earns a bit over $100k per year, that claim fails.)

We're excited to see Franklin join the world of reformers and recognize that many more lawsuits are frivolous than what Public Citizen recognizes. We encourage her to read the data and arguments of those she mistakenly claims to oppose, and to scrutinize those she mistakenly thinks are her allies a bit more closely. Why is it alright for wealthy white trial lawyers to extort billions from big business using the same ad terrorem tactics (and even the same consumer-protection laws!) as a poor African-American pro se did to extort $12,000 from a small business? We encourage Franklin to examine the Association of Trial Lawyers of America's racial double-standard.

Source: Overlawyered: The Litigation Lobby's "frivolous" bait-and-switch: the Judge Roy Pearson pants-suit

If Ted Frank is truly offended by racism, perhaps he should take a closer look at his employer, the American Enterprise Institute for awarding fellowships to Dinesh D'Souza and Charles Murray.

In addition to blaming liberals for 9/11, D'Souza has also gained a reputation for being a racist for such unique writings as:

The American slave was treated like property, which is to say, pretty well. [Justinian: Wow.]

If America as a nation owes blacks as a group reparations for slavery, what do blacks as a group owe America for the abolition of slavery?

[S]egregation was designed "...to assure that [Blacks], like the handicapped, would be...permitted to perform to the capacity of their arrested development.

Sources: Dinesh D'Souza - SourceWatch, Dinesh D'Souza

D'Souza is no longer with AEI, but Charles Murray is.  He gained a great deal of notoriety in the mid 1990's when he wrote The Bell Curve, a book that theorized (among other things) blacks aren't as smart as whites, and it is their intellectual inferiority that prevents blacks from succeeding in America.  Murray based this conclusion based partially upon "studies" performed by groups not generally renowned for their scholarship:

Charles Lane discovered that 17 researchers cited in the book's bibliography were contributors to the racist journal Mankind Quarterly. Murray and Hernstein also relied on at least 13 scholars who had received grants from the Pioneer Fund, established and run by men who were Nazi sympathizers, eugenicists, and advocates of white racial superiority.

Source: Media Matters - Altercation: You've got to be taught to hate and fear ...

In stark contrast D'Souza and Murray, the AAJ and its members fights for the rights of African Americans.  For example, many of the companies that fund the AEI have been successfully sued by members of the AAJ for racial discrimination.

potblackIt's more than a little ironic for Ted to accuse trial lawyers of having a racial double standard.  He's condemning the AAJ for opposing one African American's frivolous lawsuit, but Ted works tirelessly to deprive the members of the AAJ of the ability to file meritorious discrimination lawsuits on behalf of all African Americans.

Accusing one's opponents of being racist is truly the lowest form of ad hominem attacks.  That Ted would resort to such foolishness shows just how foolish he is to criticize the AAJ for opposing Pearson's suit. 

Lawrence McQuillan Just Can't Stop Making Stuff Up

I wonder if Lawrence McQuillan of the Pacific Research Institute spent more time making up his fictional study of tort costs, or defending his study against those who expose it for being the sham that it is?  I've lost track of all the letters-to-the-editor I've seen by McQuillan that attempt to prop up his rickety study.  Here's an excerpt of another one that McQuillan wrote in response to Ralph Cook's letter to the editor

Cook stated that a Tillinghast-Towers Perrin report contains "a long list of costs not at all associated with the civil justice system." We disagree.

The report includes costs such as fender-benders and insurance CEO salaries, as Cook mentioned, because it is a comprehensive accounting of direct tort costs. Fender-benders are torts, and the tort-related portion of CEO salaries is an overhead cost of making tort-damage payments. (Emphasis added.)

Source: Your views- al.com

Funny - whenever I look at an annual report of an insurer, it doesn't break down it's CEO's compensation by "tort-related" compensation.  What the hell is that supposed to mean, anyway?  Does that mean that if 25% of an insurer's business is based on liability insurance that 25% of the CEO's salary is tort-related?  Or is it a measure of how much time the CEO spends tending the liability portion of the business?  If so, did insurers send McQuillan the timecards for their CEOs?

I think I've got it! The "tort-related portion of CEO salaries" is just a meaningless term that McQuillan made up to hide the fact his meaningless study relies on meaningless information to come to a misleading conclusion! 

McQuillan and the PRI have been taken to task by many leading economists, scholars, and jurist.  Judge Richard Posner wrote a scathing critique of their study, and he used phrases like "adding apples and oranges," "assume without evidence or analysis," and "fictitious."  Some of the better portions of Posner's critique are below:

"...It is impossible to determine from Tillinghast-Towers Perrin’s report what the sources for most of its data are, and so the figures I have quoted must be taken with a grain of salt; indeed, so far as I can tell, they may be completely unreliable. They are almost certainly exaggerated, given the financial connection between the firm and the insurance industry...

...The authors of Jackpot Justice know the difference between a cost, which in economic terms is a reduction in the amount of valuable resources, and a transfer of wealth from one person to another that doesn't reduce the total amount of resources but merely redistributes them. The $128 billion figure is a transfer, not a cost...

...The sum of $328 billion and $359 billion is $687 billion, which is almost $200 billion short of the authors' grand total of $865 billion. The excess malpractice costs and accidental-death costs they estimate at less than $50 billion, so there is still a big gap. I can't figure out how they fill it....

...The figure, however--the authors' estimate of the net social loss created by our tort system--is, as I have tried to show, fictitious."

Source: The Becker-Posner Blog: Is the Tort System Costing the United States $865 Billion a Year?--Posner

I wonder if McQuillan includes the cost of preparing his propaganda about the tort system in his estimates of the cost of the tort system? 

Tort "reform" = Inequality under the law

Ken Connor at Townhall.com writes a piece that explains why Federal "reform" legislation goes against Federalist principles. 

Conservatives should not embrace an agenda that relieves wrongdoers of the consequences of their wrongdoing. Affirmative action for wrongdoers can hardly be described as a conservative approach to problem solving. Furthermore, Americans have historically rejected the idea of a "privileged class" that is allowed to operate under a different set of rules from everyone else. "Equality under the law" is a proud American tradition. Most Americans understand that when they act irresponsibly and put fellow citizens in harm's way, they will be held accountable for their conduct. There should be no exceptions for the rich and powerful. Rich or poor, big or small—accountability for the consequences of one's actions should be the norm for all members of a just society.

Source: Townhall.com::Thompson, Torts, and True Conservatism::By Ken Connor