We all have a stake in health insurance talks
I believe form should follow function. Consequently, when I’m shopping for a car I try to find a vehicle that looks great, has a solid reputation for reliability, holds the promise of a comfortable ride, and has the capability to “run with the wind.” Obviously the LaCombes don’t seek out the wild road emphasized in TV programs about fast cars and glitzy stars.
We view contemporary issues within the framework dictated by our employment, upbringing, and station in life. My wife and I consistently share the highlights and frustrations we’ve encountered during our workday. Consequently I feel I know a bit about the life and times of people who work in emergency rooms, and she can speak cogently to some of the foibles encountered during an educator’s day.
Like most seniors, we find ourselves spending more time consulting with, and in the care of medical practitioners. And like some, I gripe, groan and carry on, every step of the way. You’ll not find me yelling; “Take my finger, rub my nose, let’s make sure my blood flows!” While some of the medical bills we’ve accrued lately have caused us to gasp and sputter, it’s reassuring to know that many well qualified, diligent, medical practitioners work in our community.
We understand there’s the risk that all will not turn out well whenever circumstance leads one of us into a surgical suite, or God forbid, an ER after a horrific traffic accident or some other catastrophe. We know that, even in the best of times, stuff can, and does happen in those arenas.
About 20 years ago I had an interesting conversation with an ER doctor during one of the hospital’s picnics. I asked, “How much do you pay a year for malpractice insurance?” I darn near fumbled my hamburger when he said his yearly premium was in the excess of $50,000. He was paying almost twice as much for insurance as I made from my teaching contract!
Malpractice insurance premiums have climbed astronomically since then. And now we’re told that many competent docs are leaving our community, seeking a more favorable climate in which to practice.
I’m not against people seeking financial relief when a medical procedure has gone awry. Nor am I defending either the careless or incompetent practice of medicine. But I do expect form to follow function in these cases. When a patient sues a doctor or a medical institution and wins, one would expect the bulk of the award to go to the injured party. Unfortunately, that’s not the case!
My “ah ha” moment came last spring. We were watching a 5 o’clock newscast. The featured story covered the legal saga of a woman who had won a malpractice judgment to the tune of $1.6 million. The jury had listened to the facts of the case and had awarded the plaintiff less than she’d sought, but enough to cover her needs.
I thought, “Right On!” but became quite frustrated before the squib ended. The commentator reported that the lawyer, or law firm, involved in the case received $1.3 million for their services. And then, the tax man got the remainder of the judgment. Tell me, where does one find justice being served, or need met, here?
Research indicates that law firms commonly take 60 percent of any malpractice judgment for their services, leaving a mere 40 percent for the needy plaintiff. Is the system completely out of whack?
The state Legislature is currently considering two distinctly different proposals, each aimed at driving down the cost of malpractice insurance. One is put forward by lobbyists for the hospitals and doctors; the other by lobbyists for a lawyers group. I don’t know where the insurance companies are weighing in on this issue. But I can tell you, all of us have a huge stake in these talks.
If a malpractice reform package makes it through the legislative maze and becomes law, I’d like to see the opening sentence state, “80 percent of all monies derived from a malpractice judgment must remain the unencumbered, sole property of the plaintiff.”