Tag: Malpractice

“Creepy Uncle Sam” Obamacare Care-nival »

To follow up on the superb “Creepy Uncle Sam” videos satirizing Obamacare (see here and here), the new “Something Creepy This Way Comes: Creepy Uncle Sam Obamacare Care-nival” has now gone viral on the Internet: For the pivotal alternative to Obamacare, please see the Independent Institute’s widely acclaimed book: Priceless: Curing the Healthcare Crisis,...
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New Videos Slam Obamacare’s Lies »

First, we have singers Brad Paisley and Carrie Underwood mocking Obamacare at the Country Music Awards. As reported by Aaron Blake in the Washington Post, “Hey do you have that Obamacare?” Underwood asks when Paisley says he needs to see a doctor. “Oh, it’s great. I started signing up last Thursday, and I’m almost...
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New Videos Attacking Obamacare Go Viral »

Generation Opportunity has just released two videos, one featuring a woman and one a man, attacking the looming disaster of Obamacare (Patient Protection and Affordable Care Act), which is scheduled to go into effect on October 1st. The ads feature “Creepy Uncle Sam,” performing gynecological and prostate exams on young adults. The ads encourage...
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Note to Gov. Brown on Medical Liability Law: If It Ain’t Broken, Don’t Operate »

California’s “tort wars” are heating up, and Dan Walters of the Sacramento Bee notes: “The big question is whether plaintiffs’ attorneys will try again to overturn the $250,000 cap on pain and suffering damages in medical malpractice cases that Gov. Jerry Brown signed in 1975.” If increased by legislators—instead of by voters at the...
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Liability-by-Contract: A Reform That Would Help Patients »

My past several posts have been devoted to improving patient safety by reforming the malpractice system. I have explained the enormity of the problem of adverse medical events, offered principles to guide malpractice reform, and outlined the benefits that a system of liability-by-contract would bring to doctors, the courts, and other stakeholder groups. Here...
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Three Advantages of Malpractice Reform »

A liability-by-contract system along the lines I have discussed in recent blog posts and in my book, Priceless: Curing the Healthcare Crisis, would have a number of compelling advantages. Here are three: Insurers rather than patients would become the primary monitors of healthcare quality Under this proposal, a great deal of quality information—currently unavailable—would...
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Reforming the Tort System, Part 3: Freeing the Experts and the Courts »

In earlier installments of this series I discussed some of the problems with the current malpractice system, proposed a contractual, no-fault alternative, presented ten principles to guide tort reform, and explained how my proposal would free the patient and the doctor. In this post I explain how it would free expert witnesses and the...
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Reforming the Tort System, Part 2: Freeing the Doctor »

A system of liability by contract will not work in all cases. Many patients have a high probability of death or disability at the time they enter a hospital. Doctors are unlikely to want to pay the cost of those outcomes, should they be ruled “adverse,” and it would be unreasonable to expect them...
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Reforming the Tort System, Part 1: Freeing the Patient »

A reformed tort system is one that is governed by the ten principles of a rational tort system. This is the default system, and all cases of malpractice will be tried in this system unless patients and providers contract out prior to the occurrence of the alleged malpractice. The following is how liability by...
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Medical Malpractice Reform: Ten Principles of a Rational Tort System »

The medical malpractice system in the United States has a poor track record and imposes heavy social costs—up to $2,500 per household, including defensive medicine. In a recent blog post, I proposed a voluntary, contractual, no-fault alternative to the current system. Here, I name some of the principles that should guide tort reform. Principle...
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