Tuesday, August 20, 2013

Part 5: Malpractice Insurance and Providing Healthcare in a litigious society

The cost of malpractice insurance is often cited as a major culprit in increasing fees and costs for providing healthcare. But the cost of the insurance itself is only a small factor, rather it is the culture malpractice lawsuits has created that has helped to create the modern health care economics we now have.
                The problem is in our current society if anything goes wrong in any aspect of life, someone has to pay. Personal responsibility is gone, someone, something is always to blame. If we go back to the turn of the century, the balance of rights of people vs. business and government agencies was probably to one sided for the business and government. In that era if you went to a business a bought a defective product and injured yourself with it, tough luck, next time don’t buy from that store.
                Obviously things needed to change, but now the pendulum has swung too far. The infamous McDonalds’ coffee burn lawsuit is probably the highlight of this new “someone has to pay” mentality. But numerous other examples of this attitude in all aspects of life drive prices and the cost of doing business up. McDonalds’ paid there settlement, but then they had to reprint billion of cups with the words “caution coffee is hot” on them. They had to put signs up in all their restaurants indicating it isn’t a good idea to pour hot coffee on your skin. That cost was passed on to all of us.
                Healthcare is no different. Every time a doctor gets sued for something even if the doctor believes he did the right thing he will change the way he practices. When a doctor loses a lawsuit because if by chance he had ordered a lab test for something that may have picked up some disease no matter how rare, he now will order that test for all his patients even if it is not in the best interest of the patient or the society in whole, because he will no longer take any chances he may miss something. The doctor has now taken his years of education and experience and will not use that knowledge to make a decision; rather he will play not to lose, even if better judgment would rule against such decision. The one person who doesn’t know that coffee is hot has made the vast majority of us who do, change the way everyone does things. Game changer!

                The cost of defensive practicing healthcare is probably mind blowing, when you consider every unnecessary drug prescribed, test ordered and procedure done to “cover your butt”. Dentistry is right there too. A great everyday example: you don’t need an antibiotic every time a root canal is done, but if you are the dentist that had a patient hospitalized after a root canal that became infected, guess what you are prescribing an antibiotic after every root canal. The reaction might be, well good, no one will ever be hospitalized after a root canal ever again. But you can’t live life nor practice medicine or run a government or business with that mentality. Number one, it will bankrupt any system that behaves like that and it is not in the best interest of individuals to be treated to avoid one in a million occurrences. When does it end? Either when the healthcare system is unsustainable or people understand that there are risks in living and not everything can or should be avoided to achieve a zero risk world.

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