See Doctor, Bully

1. A voluntary donor has little or nothing to do with medical malpractice or claims.
2. Purchasing insurance from a hospital to reimburse a flat amount on a no fault basis for an adverse result may deal with the donor’s problem but it does not address the aggrieved family and friends . It is about like purchasing event cancellation insurance or weather insurance. It covers the donor but no one else and that is why it will be cheap just as ADD and D double indemnity has cheap riders that increase benefits paid if a commercial airline crashes. It provides great coverage against statistically speaking extremely unlikely events. None of this applies to medical malpractice claims.
3. How he plans to objectively create a standard for “gross negligence” is undeveloped. If a subjective standard is adopted it will be reviewed in each case based on precedent. If objective it will be subject to court review and interpretation. This does little to limit litigation.
4. He works through a magic box formula where Hospitals A and B have floating benefits payable based on their record of safety. How simplistic and unworkable. He is ignoring the Edwards Deming parable of the red bean. You may wish to review that in several of the books on Deming’s management system. Space prevents developing this completely here. Mary Walton’s Book on Deming is a good place to begin.
5. Rare, unexpected health events are not what is causing the med mal claim problem. His solution ignores this. Doctors are not bad and medical practice incompetent because it has litigation. It is an affront to common sense to state otherwise. Great doctors take problem cases and create outcomes that lead to litigation. HAPPENS EVERYDAY. Under his plan these doctors will not exist and complex cases will be pruned from the system by a premature death. Hardly and improvement unless you are a deluded Evolutionist practicing medical natural selection.

The following are real cures for the sick system.

1. Medical care is not an entitlement. $.80 ON A DOLLAR IS COMING FROM GOVERNMENT. End this now.
2. Close all medical and nursing schools to any foreign students. No room in the end.
3. End AMA stranglehold over physician colleges. Allow supply to match market demand. End the certificate of need government imposed restriction that limits supply and drives up costs.
4. Bust the pharma cartel. End all product monopolies after five to at most seven years use.
5. Close Medicaid and Medicare.
6. Deport illegal aliens , their families and their diseases back to the third world where they belong.
7. End all government research and spending in the medical field.
8. Limit size of health insurers and deliverers to insure a large number of suppliers to match the consumers. Then consumers can select and pay for medical service. Gee, this is called free market capitalism what a novel idea.
9. Limit physician liability to 100,000/300,000 per year. Or develop separate med mal courts just as we do with patent courts. Or make affordable arbitration proceedings mandatory.
10. No government free care or subsidy for any reason at any time to anyone. Period.

The basics behind this system have been around since I entered private practice and now I am retired. Where was everyone years ago when these problems were much simpler?