I was shocked that it took this long to find what they put in behind closed doors... Yes, this was a change they were hoping we wouldn't find. You will be amazed:
Check out this juicy morsel to the trial lawyers (page 1431-1433 of the bill):
Section 2531, entitled "Medical Liability Alternatives," establishes an incentive program for states to adopt and implement alternatives to medical liability litigation. [But]…… a state is not eligible for the incentive payments if that state puts a law on the books that limits attorneys' fees or imposes caps on damages.
So, you can't try to seek alternatives to lawsuits if you've actually done something to implement alternatives to lawsuits. Brilliant! The trial lawyers must be very happy today!
There are likely a number of procedures that are done simply as a defense against future possible litigation. Recall this from the Congressional Budget Office:
"Lawmakers could save as much as $54 billion over the next decade by imposing an array of new limits on medical malpractice lawsuits, congressional budget analysts said today — a substantial sum that could help cover the cost of President Obama's overhaul of the nation's health system. New research shows that legal reforms would not only lower malpractice insurance premiums for medical providers, but would also spur providers to save money by ordering fewer tests and procedures aimed primarily at defending their decisions in court, Douglas Elmendorf, director of the nonpartisan Congressional Budget Office, wrote in a letter to Sen. Orrin Hatch."
It looks to me like they will pay states not to pass laws limiting Lawyers profits from medical malpractice lawsuits.
Your thoughts? Anyone else seen this yet?
Orignal From: Did you know the health care bill protects Lawyers from the States?
Post a Comment