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Straight talk about doctors.


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 and uninformed statements bashing the civil justice system have dogged plaintiff attorneys through many a golf game, PTA PTA or parent-teacher association: see parent education.  meeting, or dinner party. When a myth about trial lawyers rears its head, you need to respond with the facts.

Q: Why are you trying to put doctors out of business? What do you have against doctors?

A: Lawyers aren't against doctors at all. We are on the side of doctors and their patients.

Today our medical system is run by the insurance industry instead of medical professionals. Insurance companies tell patients what doctors they can see and what treatments they can receive, regardless of medical need. Insurers tell doctors how to practice medicine.

And the insurers have been jacking up prices for patients and doctors alike. Some doctors have seen their malpractice insurance Noun 1. malpractice insurance - insurance purchased by physicians and hospitals to cover the cost of being sued for malpractice; "obstetricians have to pay high rates for malpractice insurance"  premiums double or triple. Insurers are trying to convince doctors that malpractice malpractice, failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services.  lawsuits, filed by innocent victims of medical negligence, are the reason for the rate hikes. They want to put caps on noneconomic damages; they say that will help.

But that's not what the facts show. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 data insurers must file with state insurance commissioners, they have doubled their rates, while payouts have increased only 8 percent. The industry has raised rates when it knew its costs were declining. As a result, insurers now have record profits and a record surplus.

Under oath, when they could be prosecuted for not telling the truth, insurance industry executives testify that damages caps will not lower rates. In states with caps, average rates are a little higher than in states without caps.

To help the doctors, you have to do something that will lower insurance rates. It's clear that caps are not the answer: Better regulation of the insurance industry has worked in the few places where it's been tried.

Requiring the industry to open its books and justify rate changes will end rate-gouging. Making insurers compete fairly, like every other business in the country, will help, too. Right now, insurance companies do not have to follow the antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination....  that keep prices competitive in every other industry. Insurers can and do conspire con·spire  
v. con·spired, con·spir·ing, con·spires

v.intr.
1. To plan together secretly to commit an illegal or wrongful act or accomplish a legal purpose through illegal action.

2.
 to fix prices at everyone else's expense.

Fix that, and doctors and patients will be better off.
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Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:medical malpractice insurance
Publication:Trial
Date:Jul 1, 2005
Words:373
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