In Palin: No health-care reform without tort reform, Ed Morrissey at Hot Air supplements Sarah Palin’s Facebook note on Tort reform with several excellent points:
Defensive medicine comprises as much as 10% of the total cost of American health care. One study puts the average annual cost of defensive medicine as high as $2,000 for a family of four. Estimates range between $100-$178 billion per year of defensive medicine costs.
The referenced study is discussed on the American Academy of Orthopaedic Surgeons website, which points out that:
The medical liability crisis has had many unintended consequences, most notably a decrease in access to care in a growing number of states and an increase in healthcare costs.
Access is affected as physicians move their practices to states with lower liability rates and change their practice patterns to reduce or eliminate high-risk services. When one considers that half of all neurosurgeons—as well as one third of all orthopaedic surgeons, one third of all emergency physicians, and one third of all trauma surgeons—are sued each year, is it any wonder that 70 percent of emergency departments are at risk because they lack available on-call specialist coverage?
Could tort reform also improve quality of care?
In a recent study of residents across specialties, 81 percent of responding residents said that they view every patient as a potential lawsuit…Assurance behavior, reported by 92 percent of physician respondents, involves ordering tests (particularly imaging tests), performing diagnostic procedures, and referring patients for consultation. Avoidance behavior, reported by 42 percent of physician respondents, includes restricting their practice, eliminating high-risk procedures and procedures prone to complications, and avoiding patients with complex problems or patients perceived as litigious…On the therapeutic side, defensive therapeutic measures such as Caesarean sections or invasive procedures such as breast lump biopsies are accompanied by significant risks to patients and increased healthcare expenditures, not to mention the issues of patient safety.
Defensive medicine consumes time and money and delays patient access to needed, proven therapies. How much human suffering is experienced during these delays?
One final, startling point the AAOS article makes:
Excessive litigation and waste in the nation’s current tort system imposes an estimated yearly tort tax of $9,827 for a family of four and increases healthcare spending in the United States by $124 billion. How does this translate to individuals? The average obstetrician-gynecologist (OB-GYN) delivers 100 babies per year. If that OB-GYN must pay a medical liability premium of $200,000 each year (which is the rate in Florida), $2,000 of the delivery cost for each baby goes to pay the cost of the medical liability premium.
A hidden tax of close to $10,000 annually for a family of 4? That probably covers a major portion of the health insurance premium for such a family.