Ace of Spades HQ

December 19, 2009

ReidCare Throws a Bone to Tort Lawyers Too
— Gabriel Malor

It establishes a 5-year $50 million grant program for states to establish an alternative to the current medical malpractice liability system.

Wait, did I say "alternative"? I meant additional med-mal liability system. So not only will doctors and hospitals and patients continue to be plagued by the extremely expensive current med-mal scheme, Congress is encouraging the states to set up a med-mal alternative to add another layer of complexity to an already over-complicated system.

See for yourself:

Section 10607 (p.344 of the ManagerÂ’s) establishes a 5-year grant program. The program is administered by the HHS Secretary (Sebelius), in consultation with a review panel. The review panel is structured to ensure that trial lawyers are amply represented, with seats specifically reserved for Â“patient advocates,Â” Â“attorneys with expertise in representing patients,Â” and Â“patient safety experts.Â”
[...]

The conditions tied to the grants ensure that the Â“alternative to litigationÂ” established under the grants will, in practice, increase doctorsÂ’ liability and trial lawyersÂ’ paydays. Most importantly, the grantee-State is required to Â“provide[] patients the ability to opt out of or voluntarily withdraw from participating in the alternative at any time and to pursue other options, including litigation, outside the alternative . . . .Â” If the plaintiff has a unilateral right, at any time, to pull out of the Â“alternativeÂ” and pursue litigation, then the Â“alternativeÂ” will only be used when the plaintiffÂ’s lawyer believes that the Â“alternativeÂ” is more plaintiff-friendly than the litigation system.
The demonstration project also cannot Â“limit or curtail a patientÂ’s existing legal rights, ability to file a claim in or access a StateÂ’s legal system, or otherwise abrogate a patientÂ’s ability to file a medical malpractice claim.Â” This language means that damage caps and statute of limitations reforms would likely be off the table in any Â“alternative to litigationÂ” established under the grants.

Bang-up job, guys.

Posted by: Gabriel Malor at 02:49 PM | Comments (47)
Post contains 322 words, total size 2 kb.

1 Oh my God, So liberal Tort Reform is just like their "healthcare reform." One giant cost INCREASE? Amazing. Just amazing.

Posted by: CoolCzech at December 19, 2009 02:51 PM (QECjC)

2 Please refrain from lawyer jokes. Some of Ace's best friends are lawyers. Unless it is really funny....not gratuitous. Lawyers are people too.

Posted by: Cpl. Hudson at December 19, 2009 02:53 PM (Bs8Te)

3
Your money belongs to the Democrats.

Posted by: ethos at December 19, 2009 02:53 PM (0fzsA)

4 Only $10 million a year, divided among 50 states? What the hell are we gonna do with that, it's lunch money, fachrissakes.

Posted by: Libtard lawyers at December 19, 2009 02:53 PM (9Wv2j)

5 It's so cold in D.C. I actually saw a lawyer with his hands in his own pockets.

Posted by: polynikes at December 19, 2009 02:55 PM (CzmYL)

6 Did you expect any less of the fine people in Congress. Trail lawyers make big bucks, and contribute heavily to their dimocrat friends so that the money train stays on track. I can only wonder what other good constitutional language (and goodies) is in the as yet to be seen document and its mysterious amendment. Somehow, I don't think there will be much in there that is good for me and mine!

Posted by: Hrothgar at December 19, 2009 02:56 PM (/x0jk)

7 Lawyers are people too. Posted by: Cpl. Hudson at December 19, 2009 06:53 PM (Bs8Te) Oh really? Have you ever eaten with one?

Posted by: CoolCzech at December 19, 2009 02:56 PM (QECjC)

8 This is shocking news.

Posted by: Dr. Spank at December 19, 2009 02:57 PM (muUqs)

9 Lawyers are people too.
It might be true, but I've never met one.

Posted by: Hrothgar at December 19, 2009 02:57 PM (/x0jk)

10 Lawyers are people too.

I prefer kittehs, thank you very much.

Posted by: PA Cat at December 19, 2009 02:58 PM (mi5Ub)

11 Remind me again, when do we light the torches?

Posted by: Unclefacts, Summoner of Bacons, and Assorted Astronomical Phenomena at December 19, 2009 03:02 PM (erIg9)

You know - I thought being a socialist would hurt or something. This ain't so bad.

Hey, what say we paint a hammer and sickle on the flag. I'm thinking right there with the stars.

I love you, comrades! Just rolls off the tongue.

Ahhhhhh! I just love the smell of subservience in the evening.

Posted by: Hussein the Plumber at December 19, 2009 03:03 PM (r1h5M)

13
That's ok, when you go down to Mexico or Costa Rica, or one of those offshore hospital ships for major surgery or specialists, you'll be signing waivers that completely prevent you from suing the doctor.

Posted by: Dang Straights at December 19, 2009 03:06 PM (CUyEC)

14 Free health care? Awesome. I cantz wait til I'm 21 and am allowed to vote. I'm voting for free booze, and tanning.

Posted by: Mike "The Situation" at December 19, 2009 03:07 PM (muUqs)

15 Yeah, well, you know...you gots to keep giving the hookers their pay.

However, I can't really tell which side are the whores and which the pimps in this situation.

Posted by: Chainsaw Chimp at December 19, 2009 03:08 PM (j6H6o)

16 "Lawyers are people too." Citation, please. Sounds like homogenized data to me.

Posted by: eman at December 19, 2009 03:09 PM (yf/JJ)

17 So, basically, women won't have to go to back alleys to have abortions, they'll just have to go there for pap smears and basic medical care. Great. The OB/GYNs will be going out of business soon. Good luck if you plan on having a baby in the next decade.

Posted by: Girl Thursday at December 19, 2009 03:09 PM (7OWYv)

This should cheer you up.

Chunnel train breaks down because of...

... wait for it...

... lack of global warming!!!!

Ahhh ha ha ha!

http://tinyurl.com/y8hbnxm

Posted by: Hussein the Plumber at December 19, 2009 03:10 PM (r1h5M)

19
Isn't The Treasury and the taxpayers money now just one big liberal slush fund to pay off their friends and cronies ?

Posted by: Blazer at December 19, 2009 03:14 PM (+FzLa)

20 The Dems in bed with the trial lawyers??SHOCKING!!

Posted by: steevy at December 19, 2009 03:15 PM (ij4gf)

21 18 Which is caused by global climate change don't you know?

Posted by: steevy at December 19, 2009 03:21 PM (ij4gf)

I trust everyone is caught up on their dentistry?

If not, that boat is sailing....

Posted by: good midnight fluffy bunny what fluffs at midnight at December 19, 2009 03:21 PM (SMqnS)

23 @17: Well, girl_thursday, in lieu of mammograms and new anti-camcer drugs, the government will hand out free pink ribbons and declare 2010 Breast Cancer Awareness Year. Won't that work?

Posted by: CoolCzech at December 19, 2009 03:25 PM (QECjC)

24 I wonder how things could be any worse.

Posted by: Twinks at December 19, 2009 03:26 PM (iQzwi)

25 #13, please come on down and claim your prize.

Posted by: buster mcdissenter at December 19, 2009 03:26 PM (zN9bC)

I hope all those "not one thin dime" types from 2006-2008 are proud of what they have helped accomplish. How's that working out now??

Elections have consequences, and we're getting them shoved down our throat.

Posted by: Houstonian at December 19, 2009 03:26 PM (xPDhn)

27 Looks like there's a protest in Omaha tomorrow.

(Do not like Huckabee getting involved, but put that aside for now...)

Posted by: HeatherRadish at December 19, 2009 03:27 PM (6USny)

It makes you wonder just how much shit is stuffed into this sandwich that we don't know about.

Bastards.

Posted by: Roadking at December 19, 2009 03:37 PM (JpfXc)

29 How in the world do the Democrats expect anyone to practice medicine again in this world. Why would anyone suffer through 4 years of under grad, 4 years of med school and countless years of residency and specialization? All that work to get the salary of a G7 federal employee, no thanks. Like all liberal programs the unintended consequence of this legislation will catch all these dumb ass liberals totally by surprise when tax revenues actually go down and doctors stop practicing medicine.

Posted by: BTMintheSTL at December 19, 2009 03:46 PM (4X3d1)

30 BTMintheSTL--

That's an intended consequence. When the American doctors all quit, they'll create a new special visa category for third-world physicians. a) they won't expect as much money as those "greedy" American doctors with student loans and b) they'll follow the orders of the...whatever the hell this week's euphemism is for "panel of unelected non-doctor bureaucrats who pick who gets what treatments and who goes home with a pain pill" because they don't want that visa revoked.

Posted by: HeatherRadish at December 19, 2009 03:50 PM (6USny)

31 'offshore medical hospital ships'

You may have something there. I'd surely invest in one. Obviously it would have to base it's capital in another country to avoid the new socialist taxes / fines that would originate from our new world order government, though.

Posted by: Schlippy at December 19, 2009 03:57 PM (yF7X5)

#2 - Lawyers are not people too. Unless they are gay - then they are people, but only because they are gay. Or women. Or minorities.

#14 - You may have hit on something here. As long as we are socialists, why not enjoy it? I want free ammo with my free booze.

Posted by: Penultimatum at December 19, 2009 03:57 PM (CIKgX)

33 I once worked with a lawyer who was also a Presbyterian minister and a captain in the Army reserves. There's a joke in there somewhere.

Posted by: huerfano at December 19, 2009 04:22 PM (cSlAY)

I'm calling shenanigans on my own side of my own profession on this one. The plaintiffs bar has once again lived up to all of its stereotypes by engaging in this kind of crass opportunism and overreaching - and that's coming from someone who sues doctors and hospitals on a regular basis.

I'm on record in prior comments as an opponent of some tort reform measures like hard caps on malpractice awards - I won't repeat myself as to why here unless another commenter cares to hear it - but merely adding another layer of extra-judicial remedies is the last thing that either the healthcare or legal systems needs.

Americans are red-assed enough at plaintiffs lawyers without us pouring salt in their wounds, but it seems the John Edwards side of the plaintiffs bar doesn't care. They'd rather cut themselves a piece of the "reform" pie rather than promoting genuine responsible reforms that might win some public appreciation for our profession (for a change).

When the American public finally storms the plaintiffs bar with nooses and pitchforks in hand, the lawyers will have themselves to blame for pulling bullshit stunts like this.

Posted by: societyis2blame at December 19, 2009 04:26 PM (rPDD/)

35 A lawyer, a Presbyterian minister and an Army Captain walked into a bar...

Posted by: Buck Ofama at December 19, 2009 04:31 PM (utZm1)

36 By all means. More perks for the new priesthood.

This is disgusting. These people have no shame. Where's the opposition party? Why aren't they holding press conferences, reading this crap out loud to the public? Where's the outrage?

Posted by: gjz at December 19, 2009 04:34 PM (GdqSP)

37 Wow man. Really coming down outside. Coming down sideways.

Posted by: gjz at December 19, 2009 04:40 PM (GdqSP)

Wanna end all this? Want to end health care? Want to end the distruction that trial lawyers give to us?

Single-payer legal care.

That's it. That would kill it all. Wildly popular and the Dems in Congress couldn't endure it.

Posted by: AmishDude at December 19, 2009 05:51 PM (Vo2Ef)

39 Lawyers are people too.

Inasmuch as a tapeworm afflicted by a person is a person too.

Posted by: Druid at December 19, 2009 05:53 PM (Gct7d)

The VULTURE the SHARK and the DONKEY are partners in crime

Posted by: Spurwing Plover at December 19, 2009 08:14 PM (jEWOx)

This language means that damage caps and statute of limitations reforms would likely be off the table in any Â“alternative to litigationÂ” established under the grants.

Uh, help this moron out, does that mean current State limits on damages are out the window?

Posted by: Mark at December 19, 2009 08:32 PM (+5U3J)

42 Why is it the conservative position to take away a victim's traditional right to a trial by jury? Why is that the conservative position? Some government panel setting an arbitrary amount for the value of your spleen kinda sounds socialist. How is relying on the common sense of 12 good citizens to make a fair determination given the specific facts of the case not a conservative idea? Sounds like capitalism and free market to me. Tort reform sounds like government intervention to me.

Posted by: tommylotto at December 19, 2009 10:01 PM (yh6fK)

43 Oh wait. Tort lawyers tend to be Democrats. That changes everything. It is always a conservative principle to defund the left, right? .... Hypocrites.

Posted by: tommylotto at December 19, 2009 10:02 PM (yh6fK)

44 Let's see Tommy, a group of 12 people whose job is to determine the what the truth about the past is vs a group of 12 people whose job is to determine how to the save the most money by speculating about your future....see the difference, jackass? It'd be like a panel of 12 people determining where you should go to college. Or what job you should take. Some people like to make their own decisions about the future of their own lives.

Posted by: iDoc at December 20, 2009 06:00 AM (imOmW)

45 A parody showing what health care litigation will look like under ObamaCare: tinyurl.com/p8zds2

Posted by: Melvin Winter at December 20, 2009 06:33 AM (uk5lh)

46 "This is disgusting. These people have no shame. Where's the opposition party? Why aren't they holding press conferences, reading this crap out loud to the public? Where's the outrage? " Totally agree! The reason is the professional political republicans are being political. They are letting the Dem's hurt their brand and the republican brand increases in contrast. But what about the American brand? They don't care! As long as them and their cronies do well "it's good for America." They no longer see America as the average person in fly over country does. I am voting out every person who holds office in the next election. We somehow have to change the culture in Washington. Until I see someone who will break ranks and stand for the average American taxpayer I am not a Republican.

Posted by: Locus Ceruleus at December 20, 2009 09:25 AM (tzcjs)

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Posted by: Kerrin at March 11, 2010 02:22 PM (6vRfb)

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