Friday, February 10, 2012
Health Care Experts Blog

Medical Malpractice Solution?

Monday, March 8, 2010

President Obama last week sent a letter to congressional leaders indicating his support for including $50 million to fund demonstration projects to test medical malpractice case alternatives such as health courts. HHS Secretary Kathleen Sebelius already has $23 million that she is preparing to hand out in grants for this purpose. Are health courts the solution to the nation's medical malpractice difficulties? What are the best ideas for solving the problem of defensive medicine, and how significant is defensive medicine to lowering health care costs in the country?

Obama wrote:

"My proposal also included a provision from the Senate health reform bill that authorizes funding to states for demonstrations of alternatives to resolving medical malpractice disputes, including health courts. Last Thursday, we discussed the provision in the bills cosponsored by Senators Coburn and Burr and Representatives Ryan and Nunes (S. 1099) that provides a similar program of grants to states for demonstration projects. Senator Enzi offered a similar proposal in a health insurance reform bill he sponsored in the last Congress. As we discussed, my Administration is already moving forward in funding demonstration projects through the Department of Health and Human Services, and Secretary Sebelius will be awarding $23 million for these grants in the near future. However, in order to advance our shared interest in incentivizing states to explore what works in this arena, I am open to including an appropriation of $50 million in my proposal for additional grants. Currently there is only an authorization, which does not guarantee that the grants will be funded."

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March 8, 2010 12:16 PM


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A Better Solution

By John C. Goodman

President and CEO, National Center for Policy Analysis, and Kellye Wright Fellow

President Obama has no solution to the malpractice problem.

At the National Center for Policy Analysis we have developed a very radical solution – one that would get victims compensated quickly, regardless of fault, and erect economic incentives to reduce adverse medical outcomes, whether or not they involve malpractice.

Basically, the family of any patient who experiences an unexpected (iatrogenic) hospital death would receive a check for, say, $250,000 (or maybe even $500,000) provided they waive in advance their common law right to file a tort claim. The insures who pay off on these episode–specific policies would then become the monitors of doctor behavior and hospital quality. Those with lower mortality rates (for whatever reason) would pay lower premiums and therefore be able to charge lower fees to patients.

Full proposal is sketched here. We have a paper coming out on this soon.

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