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One Significant Consequence of ObamaCare

Joseph M. Nixon over at NRO's Critical Condition writes about one significant consequence of the Senate ObamaCare bill. It's a huge boon for personal injury lawyers:

But few groups make out better under the congressional leadership's health-care plans than personal-injury trial lawyers.

In reading the health-care bill approved by the House of Representatives and Harry Reid's bill pending in the Senate, I find (so far) 26 new opportunities for plaintiff lawyers to sue doctors for malpractice.

At least 26 sections in the House bill and 21 sections in Senator Reid's bill require that doctors adhere to certain standards of care in patient care, payment initiatives, payment determinations, and wellness-prevention programs that do not now exist in law. Each of these provisions could be used by a plaintiff's lawyer to assert that the doctor failed to comply with "best practices" guidelines and become the basis for a medical-malpractice lawsuit.

What frustrates physicians and state policymakers alike is that none of these proposed guidelines actually enhance patient care or safety. Instead, in inventing all these new standards of care -- relating to such things as effectiveness research, accountability provisions, medical training standards, research and data recorded by pilot programs, task force and demonstration projects, qualification standards for medical personnel, and quality standards (many with enhanced civil penalties) -- Congress is creating a regulatory nightmare for physicians and hospitals.

If this bill becomes law, hardly a day will go by when a physician will meet all of the required administrative and regulatory processes proposed by Congress in these bills. Physicians across the country will be exposed to many frivolous liability lawsuits based not on how they treated their patients but instead on whether they complied with certain government standards.

Head over to Nixon's post and read all of it.

Just like the Stimulus bill, ObamaCare is a huge payout for Democratic constituencies. My husband just snarked that perhaps he should start practicing personal injury law.


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Comments (14)

I suppose the legislative g... (Below threshold)
MarkJ:

I suppose the legislative geniuses in Congress haven't yet figured out that it's rather hard for nationalized health care to work if it doesn't include any doctors or nurses.

I've never been crazy about doctors and nurses striking, but a series of protests, strikes, and slow downs by medical professionals would get Congress's attention like nothing else.

Either that or Doctor's and... (Below threshold)
GarandFan:

Either that or Doctor's and hospitals that REFUSE to take government patients.

Government of, by, and for ... (Below threshold)
JLawson:

Government of, by, and for the lawyers.

What could POSSIBLY go wrong?

Why am I not surprised?... (Below threshold)

Why am I not surprised?

What could happen? There wa... (Below threshold)
DaveD:

What could happen? There was a time when students from all over the world came to the USA to train in our medical schools. They return home and offer quality health care. In the past decade or so there are more and more Americans interested in obtaining health care outside of the USA. Will our doctors follow? Maybe this will be a disincentive to even enter medical school. Because of the lack of physicians it becomes even harder to see a doctor in a timely fashion. I'm sure there will be an adequate number of malpractice cases early on as physicians try to understand and adapt to the new directives. The longer term consolation I guess is that these bottom feeders we politely call trial lawyers will be scrounging for cases because of the progressive lack of medical personnel in the USA to sue. Who the hell are they going to sue when everything is eventually controlled by the government?

Ever wonder why one nationa... (Below threshold)
ODA315:

Ever wonder why one national party is comprised mainly of businessmen, physicians, engineers, etc., while the other has a majority of lawyers????

Duhhhh

That's nonsense. <p... (Below threshold)
jpe:

That's nonsense.

If anyone could give a single example of any of those 20-odd sections, I'll eat my words happily.

from Reuters:"'Hea... (Below threshold)
Adrian Browne:

from Reuters:

"'Healthcare shares rose on Monday as a bill to reform healthcare passed the first critical test in the Senate . . . Shares of Cigna rose 5.3 percent to $37.69. Shares of Aetna Inc rose 5.84 percent to $34.41. Humana Inc rose 3.79 percent to $45.17 and United Health Group Inc rose 5 percent to $33.14. Shares of Wellpoint Inc rose 3.8 percent to $60.51"

OK Adrian, so the Evil Insu... (Below threshold)
epador:

OK Adrian, so the Evil Insurance companies that are ripping people off are viewed as stronger after this bill. Good to see you think its a piece of Pork Crap too.

The obvious question is why... (Below threshold)
Spencer:

The obvious question is why didn't my Senator get my state a sweeet package for their vote?

"'Healthcare shares rose on... (Below threshold)
GarandFan:

"'Healthcare shares rose on Monday ...."

Adrian is so fucking stupid, I'm surprised he's smart enough to breath. Of course the stock is going up, in ANTICIPATION of all those young people who will now be FORCED to purchase health insurance.

BIG SURPRISE!

If this bill is so wonderfu... (Below threshold)
Oyster:

If this bill is so wonderful, why is everyone bargaining so hard to exempt their state from all manner of provisions and mandates within its voluminous pages? I thought this was supposed to be so great for ALL of us.

Insurance companies also pr... (Below threshold)
Staylor:

Insurance companies also provide insurance to Doctors and hospitals (mostly to cover malpractice suits) and this bill just gave them an exuse to raise those premiums as well. And can you guess in the end who will pay that?
Personally, I (a young and healthy indiviual who chose not to purchase insurance for a reason) will now be forced by the governemnt to buy insurance I do not want at a higher premium than I would have paid before this debacle. Can these jerks stop trying to help me.

shocker...the national revi... (Below threshold)
Erik:

shocker...the national review has an issue with something Obama is trying to push through. Yes, I would agree that there are some serious issues with this bill...but lets be honest here, both parties have sold out to big corporate interests. both sides get money from corporations..that's who their constituents are....

This is why I'm an independent...the only true "party" for the common man.




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