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President Bush on Med Mal

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OR DCs,

This is not exactly Bush-friendly...but then I'm not either.

C Simpson

STATISTICS DON'T SUPPORT BUSH'S CLAIM THAT TORT REFORM WILL MINIMIZE COSTS

Arguing that his economic policies consist of more than tax cuts geared to

the wealthy, President Bush maintained last week in his year-end press

conference that tort reform is a key part of his " pro-growth " agenda, saying

that it, " would have made a difference " to benefit the economy. Earlier

this year, the president went further, saying that the proliferation of

medical malpractice lawsuits are " a national problem that needs a national

solution. " But a recent study by the National Center for State Courts found

that medical malpractice lawsuits per capita actually decreased in the most

recent ten-year period examined.

The president has tried to qualify his support for tort reform by insisting

it's needed for plaintiffs with a " legitimate claim . . . [who] deserve a

court that is uncluttered by frivolous and junk lawsuits. " But the

American Bar Association recently found that only a fraction of civil cases

filed - 1.8 percent - went to trial. Fewer cases went to trial in 2002 than

in 1962.

While Bush claims, " everybody pays more for health care " due to " excessive

litigation, " a study released last month shows that medical malpractice

insurers have raised rates on doctors well beyond the cost of payouts,

particularly since 2001. Payouts and premiums for medical malpractice

claims accounted for less than one percent of total health care costs.

Even the president of the American Tort Reform Association said in 1999, " We

wouldn't tell you or anyone that the reason to pass tort reform would be to

reduce insurance rates. "

Medical malpractice costs as a proportion of national health care spending

are less than 60 cents out of every $100 spent. In fact, malpractice

premiums as a percentage of all health costs have declined from 0.95% in

1988 to 0.56% in 2000. On the other hand, prescription drugs costs make up

about 11% of all health costs - the second largest portion after hospital

spending - and are projected by the Centers for Medicare and Medicaid

Services to reach 14% in 2010. Despite these facts, the president chooses

to support a Medicare bill that would prevent the Medicare administrator

from negotiating lower prescription drug costs.

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