Caps don’t Work

Now, to discussing caps I submit the following which is more of those darn facts and empirical evidence that keeps just getting in the way of people such as our Republican leader in the Senate and frankly Oklahoma state republican party:

Physicians say caps on non-economic damages will lower malpractice premiums. The two largest insurers of doctors in the country stated before Congress and state legislatures, there is no correlation between caps and rates; rates will not go down.

The Congressional Budget Office, General Accounting Office, Columbia University, University of Texas, and the University of Illinois studied caps and their effect on rates and all concluded there is no correlation.

Over the past 10 years, malpractice rates rose 12 percent higher in states with caps than without. Insurers have deceived doctors into believing tort reform will provide relief. The truth is: insurance companies are using litigation as an excuse to raise rates. Litigation impacts their rates by less than 2 percent. Where does the money go?

AIG, one of the two largest malpractice insurers, raised rates 60 percent in the last three years. In the first two years, its profits went from $326 million to $1.84 billion. The third year, they rose to $10 billion.

The Wall Street Journal stated mismanaged pricing and accounting practices are the reason for malpractice premium increases, not claims. Claims actually decreased 1 percent over the last 10 years.

According to the U.S. Department of Labor, the highest paying occupations in America are doctors. The highest percentage of gross pay for malpractice coverage is 12.4 percent. The lowest is 1.8 percent.

Tort reform won’t help doctors. The evidence is there from 30 states. Doctors and the public have been misled.

Everyone enjoys bashing the legal system until they need it. No one likes a “litigation explosion.” The facts show it doesn’t exist. None of us want silly people to receive millions of dollars and protections exist to prevent it. We all want doctors to stay in business. We all want pro-business communities.

Tort reform doesn’t fix the problems. The framers of the Constitution protected our rights. Lesser minds are attempting to cut off those rights for children, single parents and the elderly. Your rights are being assaulted and the basis is bogus. Tort reform sounds great until it is your grandmother, or your child, whose life is altered forever by a negligent act.

The concept of tort reform is only superficially persuasive. Once you know the facts, it is without merit.

Legislators should be “Listening” to the people who they represent – and not “Telling” the people they represent. We need less politicians – and are in desperate need of some servant-leaders, and those that will put party platforms aside and be ambassadors for the people!