TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, June 16, 2008

Center for American Progress on Malpractice Reform

The Center for American Progress has a number of articles recently posted about malpractice liability, insurance, and so on. It's all in the context of health care reform more generally, and worth a read.


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Without reading the left wing ideologue articles, their being devoid of credibility per se, here is the path to improving health care policy. Control the out of control lawyer.

1) Take out the fear of litigation for ending heroic measures at the end of life. Save $300 billion. You can now buy top of the line insurance for 15 million uninsured families.

2)End the legal malpractice and unethical filing of weak medmal cases by allowing legal malpractice claims against opposing lawyers and judges on the bench, performing their duty, but negligently. That cuts $150 billion in defensive medicine and $30 billion in direct cost of litigation. Most of the latter goes to lawyers, even in the rare winning claim.

3) License the buyers of adult pleasures. That leaves most everyone alone. It stops the consumption of addicts to adult pleasures, alcohol, cigarettes, and illegal drugs. That prevents another $400 bil in unnecessary cost.

That has cut health costs in half, and provided top coverage for all uninsured families. We have not addressed the health costs of obesity, pollution, car accidents, etc. We can, but that is enough public health torment inflicted on the public for now.

I bash the lawyer for rent seeking. When one says, cut health costs in half, what does that mean? It means massive health sector unemployment. The victims of the lawyer make out far more than the lawyer does in their own rent seeking. You will hear howls of torment as 10's of millions of health workers lose their jobs, maintained pretextually, using lawyer threats as the reason to continue them. Health care rent seeking will make lawyer rent seeking look tame as a kindergartener lobbying for an allowance.

Posted by: Supremacy Claus | Jun 16, 2008 3:01:31 PM

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