What a special occasion. The U.S. House of Representatives is about to move forward on a bill to wipe out the legal rights of injured patients, which even some doctors don’t want. Let’s commemorate this absurd waste of time with a brand new Pop Quiz (which accompanies the release of the Center for Justice & Democracy’s brand new medical malpractice briefing book!) Shall we begin?
1. While the number of medical malpractice claims filed remains at historically-low levels, severity (size) of insurer payouts has increased modestly. This increase is due to:
- Larger settlements and verdicts.
- Insurers paying more to their own people to fight claims.
- Both a and b.
- Neither a nor b.
The answer is “b.” Insurance companies say that to the extent there is a modest severity increase, it is related to “inflation of defense costs ” – i.e., inflation connected to what they pay their own people to fight claims, not “indemnity severity,” i.e., settlements or verdicts.
2. It is conventional wisdom that “fear of lawsuits” leads doctors to perform unnecessary C-sections and that “tort reform” will reduce their frequency. So …
True or False:
The rate of C-sections is lower than in states that cap damages (compensation) to injured patients – a common “tort reform.”
Answer: Completely false. In a recent study, researchers “found that states with damage caps experienced no statistically different rate of change in their C-section rates between 2007 and 2013 then did those without damage caps.”
3. In a recent Medical Economics article, doctors listed a number of things that can be done to end physician shortages and keep physicians in practice. Which factor did they NOT list:
- Addressing burnout.
- Better training for advanced practice providers.
- Enact "tort reform."
- Easing obstacles for foreign medical school graduates to access jobs.
Answer: They did not list “c,” of course! Here is more of what they say (and don't say): “Soft data suggests that physicians are retiring at a younger age due to regulatory burdens, and that more young physicians are opting for non-clinical careers.” It's a "work/life balance" thing. Also, “[t]he number of physicians who are able to become qualified to practice medicine is largely controlled by the number of residency slots available to train physicians” and “[d]octors say that the impact of efforts to increase the number of residency slots available to train physicians ‘is not happening fast enough for underserved patients.’”
4. While complaining that medical malpractice lawsuits cut into their bottom line, medical malpractice insurance industry profitability has lasted how many years?
- 3.
- 5.
- 10.
- Over a dozen.
The answer is “d.” This industry has been profitable for 13 years - in other words, right through the nation's last recession (unlike many other industries). According to the Medical Liability Monitor, “[I]t’s difficult to paint too bleak a financial picture for the MPL market after reporting 13-straight years of healthy bottom lines” and 2016 financial results “are again quite positive and represent 13-straight years of profitability.”
5. Out of 195 countries and territories, how many ranked better than the United States in terms of preventing deaths from medical errors”?
- None
- 10
- 25
- Over 50
Answer: Sadly, it's "d." According to the Healthcare Access and Quality Index, “After analyzing how well the United States fared at preventing deaths from medical errors, Global health researchers gave the U.S. a 68 out of 100. More than 55 countries exceeded that score.”
OK that’s just embarrassing. Maybe Congress needs to take this quiz and realize it needs to improve patient safety instead of making it worse. Better yet, all politicians should catch up right here, with the Center for Justice & Democracy’s brand new "Medical Malpractice Briefing Book: By the Numbers (June 2017 update)."
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