How to Deconstruct Tort “Reform” Bullshit

Many thanks to Jeff, the PI lawyer who runs Tort Burger – Hold The Reform, for this superb example.

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  • Mark Baird  On September 2, 2009 at 7:47 pm

    Remember the GOA report regarding the cost of a single payor system that we all grasp.

    Well the GOA had this to say about tort reform:

    “But even large savings in premiums can have only a small direct impact on health care spending–private or governmental–because malpractice costs account for less than 2 percent of that spending.”

    http://www.cbo.gov/doc.cfm?index=4968&type=0#t3

    And of course there is Tillinghast-Towers Perrin (the company that provides risk management for the insurance and reinsurance industry).

    According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs. That’s a rounding error. Liability isn’t even the tail on the cost dog. It’s the hair on the end of the tail.

    Of that 1 to 1.5 percent what portion of that is “frivolous”

    http://www.towersperrin.com/tp/getwebcachedoc?webc=USA/2008/200811/2008_tort_costs_trends.pdf (Page 10)

    Tort reform is a red herring. It is unfortunate that everyone is so willing to give up their right to sue with such a small cost to society. If that is the case then maybe we should have death panels for the elders.

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