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Palin: Can't have health care reform without medical malpractice reform

By: Mark Tapscott
Editorial Page Editor
08/21/09 12:19 PM EDT

Former Alaska Gov. Sarah Palin gives her resignation speech July 26, 2009, in Fairbanks, Alaska. (AP Photo/Al Grillo)

Former Alaska Gov. Sarah Palin has again taken to her Facebook page, again to position herself on a key aspect of the national debate over health care reform. Last week, it was on the "death panels" Palin believes will inevitably result if Obamacare becomes law.

This week, Palin takes on another aspect of the debate and stakes out a position that seems designed to highlight one of the biggest weaknesses of President Obama and Democratic congressional leaders - their dependance upon trial lawyers for funding.

Palin notes the inextricable link between controlling health care costs and getting spiralling medical malpractice insurance premiums under control, and quotes from a recent oped in The Washington Examiner by Texas Gov. Rick Perry discussing his state's success in lowering costs and expanding access by capping malpractice awards.

Palin also quotes extensively from research by Dr. Stuart Weinstein of the American Academy of Orthopaedic Surgeons, including this graph:

”The medical liability crisis has had many unintended consequences, most notably a decrease in access to care in a growing number of states and an increase in healthcare costs. Access is affected as physicians move their practices to states with lower liability rates and change their practice patterns to reduce or eliminate high-risk services. When one considers that half of all neurosurgeons—as well as one third of all orthopedic surgeons, one third of all emergency physicians, and one third of all trauma surgeons—are sued each year, is it any wonder that 70 percent of emergency departments are at risk because they lack available on-call specialist coverage?”

She also quotes Weinstein's observations concerning the financial impact of medical malpractice costs on families:

"Excessive litigation and waste in the nation’s current tort system imposes an estimated yearly tort tax of $9,827 for a family of four and increases healthcare spending in the United States by $124 billion. How does this translate to individuals? The average obstetrician-gynecologist (OB-GYN) delivers 100 babies per year. If that OB-GYN must pay a medical liability premium of $200,000 each year (which is the rate in Florida), $2,000 of the delivery cost for each baby goes to pay the cost of the medical liability premium.”

Palin then asks Obama:

"So I have new questions for the president: Why no legal reform? Why continue to encourage defensive medicine that wastes billions of dollars and does nothing for the patients? Do you want health care reform to benefit trial attorneys or patients?"

Obama was asked about his position on medical malpractice caps when he addressed the American Medical Association in June. He said he opposed inclusion of such caps in the health care reform legislation making its way through Congress.

No surprise there because Obama and congressional Democrats, led by Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi, are captive to the American Association for Justice, the class-action plaintiffs lawyers' trade association and Washington lobbying outlet.

As the Examiner's David Freddoso noted last week:

An Examiner analysis of the 15 firms on the National Law Journal's "2008 Plaintiff's Hot List" shows that for 2009, their employees have contributed $636,305 to federal politicians and PACs. Only $4,875 of that amount has gone to Republicans, meaning that the nation's top trial lawyers are giving more than 99 percent Democratic this year. The PAC for the American Association of Justice, the top trial lawyer lobbying group, has been marginally more balanced, giving Democrats a mere 96 percent of its $627,000 in contributions.

These trial lawyers are especially concentrating on the Senate. Members of those same 15 firms have given $236,000 to the Democratic Senatorial Campaign Committee this year. And trial lawyers know that the Senate is controlled by one of their own -- Senate Majority Leader Harry Reid, D-Nev., who faces a potentially difficult re-election. Reid has taken in some $54,000 from the top 15 firms. According to OpenSecrets, he has taken $978,000 from the legal industry as a whole.

For what's it worth, Obama handily defeated Palin in a recent survey matching the incumbent against each of his potential GOP challengers for the 2012 presidential campaign, drawing 56 percent support compared to her 37 percent.
 




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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

Rick

Aug 21, 2009

Trial Lawyers, Unions, Gays & Lesbians, NOW, Global Warmer's & George Soros own the Democrat Party.

 

wnaegele

Aug 21, 2009

Pailin nails it [again].

 

Hound

Aug 21, 2009

Sarah, thanks for saying what everyone except the 0bama team knows. Be prepared for hard hitting, piercing responses like 'wee-wee' from the 0ne.

 

sassy

Aug 21, 2009

Hey Sarah,
You nailed them again! Amazing what you can accomplish with a few keystrokes,that they can't do in 8 months! Keep up the good work.America needs you! Liberals are scared of you! That's why they are always on the attack! When they attack,pat yourself on the back,cause you know,your doing something right! And they are running scared! LOL

 

Neal

Aug 21, 2009

Right ON Sarah! Nice to hear from you again. Come join us in DC on 9-12.

 

Phil Cobbin

Aug 21, 2009

Senator Kyl et al should start some real work on this issue by highlighting the need for congressional investigations and legislation on the big name trial lawyers who are in the slammer for bribery of judges. The Scandal the Democratic Party is knew deep in....

Cheers,

YO! SARA!
GO GIRL GO!

 

Sarah4Pres

Aug 21, 2009

Sarah, I'm so glad that someone who is a public figure FINALLY addresssed the issue of frivilous law suites that people bring against their doctors and their hospitals! Just law night I was discussing this issue with my friend and wondered why no one ever brought this topic up! I'm so glad that finally someone has, and I'm glad that someone was you! I'm sick and tired of the Democrats(and some Republicans) dismissing you. So far, in my eyes, you seem to know the most about this whole health care reform thing! ANd you are absolutely right! There needs to be legal reform before health care reform. Hope you run in 2012!!

 

the aura of truthiness

Aug 21, 2009

Out of the mouth of the babe!

Legal reform is a gamechanger, and Obama's refusal to even discuss it demonstrates his disingenuousness. He doesn't care about health care reform, and that's clear. He's lying.

 

LoveThatGirl

Aug 21, 2009

Sarah knows what she is talking about. These Ivy league idots are all in the same boat and don't care about the True American Patriots.
We The People agree and stand with Sarah Palin.
God bless Sarah, Todd and their precious family in the name of Christ Jesus.

 

Tyrone

Aug 21, 2009

Sarah Palin is establishing her credentials as a serious threat and nemesis to Obama and liberals in general. They honestly thought this woman was just going to disapear and whimper off into the sunset? WRONG!!! The lipstick wearing pit bull is going for the mutt's throat.

 

Renfrew Muldoon

Aug 21, 2009

Wow. She Pee-Peed on him. Way to ruin a Vinyard vacation. You go girl.

 

Chrisie

Aug 21, 2009

I do agree Legal reform is necessary but major changes within the medical community are a must. Progress will never be achieved until Doctors and hospitals stop protecting bad Doctors.
The Medical Board is too lenient with bad Doctors. There should be harsher penalties for Doctors who continue to make mistakes. There are many cases when an OBGYN have made many critical error harming Mothers and infants and continue to practice medicine.
I personally have been told by the Medical Board it can take as many as 6 life threatening injuries to a Mothers or infants before an OBGYN can loose their license.
This is they major reason lawsuits continue to rise.

 

mkurbo

Aug 21, 2009

Bravo !

Finally ! Sarah gets it totally and we to talk about it in simple terms that people can understand:
1.) Major Tort Reform
2.) Interstate Insurance Availability
3.) Eliminate Federal Administration of all Healthcare Programs (move to private and State)
4.) Employ HAS (Health Savings Account) for individual choice

 

ray l locke

Aug 21, 2009

Just want you to know, I will support you for any office you run for. Hope it is in the Senate. Move to Nevada and beat Harry. To bad you can not run the demos out of California. What ever you do we need you. God Bless Ray

 

mkurbo

Aug 21, 2009

Bravo !!!
Sarah gets it totally and we need to talk about it in simple terms that people can understand: Let’s support her in REAL reform:
1.) Major Tort Reform
2.) Interstate Insurance Availability
3.) Employ HAS (Health Savings Accounts) for individuals to allow private choice
3.) Eliminate Federal Administration of all Healthcare Programs (the feds spend 38 cents of every dollar on admin)

 

CliffNZ

Aug 21, 2009

Great article from Sarah. Thank you Washington examiner for posting it. Did you really need to put the "for what it's worth" part at the end? Sounded kind of petty.

 

Sure

Aug 21, 2009

Suddenly Sarah can speak in understandble english, right.
All you sheep should google and read
HOW TO CONTROL PEOPLE
By Charley Reese
this is a quote, "It's possible to be a Ph.D., doctor, lawyer, businessman, journalist, or an accountant, just to name a few examples, and at the same time be an uneducated person." And it took her 5 colleges to ge a what, an ASSociate's degree?

 

Igor

Aug 21, 2009

How you tell when politician lie?

Comrade Pelosi blink

Slick Willy rub nose

Comrade Obama open mouth

Dumb Donkey Gibbs laugh...Hehaw..he..haw..he..haw!

Is this really health care "reform"?

Compare Obama Care vs Igor Care at Obama vs Igor Care

I Igor produce Barrack Milhaus Hussein Obama Birth Certificate at www.igormarxo.org

 

Sarah Failing

Aug 21, 2009

I agree 110% with "Sure". Any fool can see this is NOT her style of writing or writer's voice. Too understandable for one thing. Thank GOD she is not VP right now. I can not even imagine the havoc she would create with her insatiable quest to be noticed and mean spirited fabrications. She should have stopped at Mayor of Wasilla...that was her intellectual limit.

 

starbase135

Aug 21, 2009

I don't know why so many Palin haters are questioning that she wrote her Facebook pieces and the Washington Post op-ed on her own. Do any of them know that Palin has a bachelor's degree in journalism???

It is absolutely logical that people would use a different and more serious writing style for writings as opposed to their speeches. Everybody does that: the Clintons, Obama, Huckabee or Romney as examples...

 

sheryn

Aug 21, 2009

Thank heavens Sarah Palin did not get elected. This paper offers no new solutions; and is not even her original ideas. Her spokesman (Stapleton) has told the media that Palin is not the only one who writes on Palin's Facebook and it is obvious that Palin has no solutions to offer and has a very limited understanding of the health care programs being discussed. Palin is more interested in offering criticism and her distorted interpretations--the Republicans must have someone who has the experience and knowledge to be their leader.

 

Raymond

Aug 21, 2009

Dear Sarah Failing,
Are just jealous of Sarah Palin great common sense and effective leadership or simply just a blind supporter of BHO. Go ahead and remain blind until such time you find yourself working in China or africa as a domestic servant.

 

Angelo

Aug 21, 2009

My dear liberal Sheryn,
Before you smear Palin, look back and check the credentials of who you elected. Look at Biden, a lost absent minded lost leader. I am an indepedent and now I feel sorry for electing these two idiots. The problem with us americans, we have faith so much with Harvard elite grads. Lawyers are the most corrupted professionals on earth.

 

chris

Aug 21, 2009

Sarah definitely gets this one. True health care reform needs legal reform as well

 

slh53041

Aug 21, 2009

I have not been able to understand much of what Sarah has said or agree with those "positions" she has staked out.

However, This is ine I can agree with:
There will never be true health care reform and cost savings unless and until there is tort reform. there must br a national cap on non-economic awards.

Taking into consideration all Dr. Weinstein's comments, the savings from reduced malpractice insurance premiums would be dwarfed by savings from decreased testing and through out the entire judicial system which is back logged and overburdened by unnecessary and frivolous suits.

In addition, I would like to add:
There will never be true health care reform and savings unless and until ownership and operation of ALL imaging modalities in PROHIBITED to all except those trained and certified to use the equipment and interpret the studies.

Self referral under any circumstance is wasteful and frequently fraudulent

 

donaldRK

Aug 21, 2009

Nicely said, Sarah. Plantiff's attorneys are co-dependent on the presence of easy liability. Fear of litigation (by physicians) is the elephant in the room vis-a-vis the cost of medical care. Substantial change here would remover 50% of systemic overhead in one fell swoop. Yes, plaintiff's attorneys would cry, and they'd have to buy smaller homes, cars, and boats, but the impact would be swift and sure. Ask any doctor.

 

bfs

Aug 21, 2009

Health care can't be fixed until we understand what broke it. OVERutilization! Tort reform and Closing the self-referral loopholes are essential. Without these we will just have a bigger health care system that does not work!

 

Jammer

Aug 22, 2009

What is it about our Sarah that drives them crazy? That she is smart, beautiful, walks her talk, lives pro-life, an accomplished governor? Or is it extreme buyers remorse about electing a stuttering fool who is starting to make Biden look intelligent while BKing the US government? How's the whole Hopey Changey thing working for you? $9 Trillion reasons to tell this guy to shut the Heck up.

 

Aug 22, 2009

Say you geniuses who somehow KNOW that Sarah didn't write her own Facebook articles - have you listened to your hero lately? You know, the wee wee Obama who, according to Jack Cashill had major help writing Dreams of My Father from Bill Ayers. Oh you laugh? Well, try reading about it:
http://www.americanthinker.com/2009/06/breakthrough_on_the_authorship_1.html

 

Gary

Aug 22, 2009

I don't care whether Sarah Palin wrote the information on her Facebook page, or whether it was written by Meg Stapleton or any of Palin's former newspaper reporters or communications directors for the State of Alaska. The writer has used extensive quotes from material researched by others but has very limited knowledge about how medical malpractice, insurance companies and their fees, running a medical practice, and the options of proposed health care programs interplay. No solutions or recommendations are offered. Instead, the author tends to have a visceral style of writing and is antagonistic toward any of the proposed health care plans. One can only conclude that for Palin, it is more important to criticize any program proposed by the Democrats than it is to have both Parties working together to come up with a better plan. With this negative attitude, one wonders what Palin has to gain by encouraging American citizens to bicker and fight amongst themselves.

 

Dr. Barb

Aug 22, 2009

We physicians went into medicine to help people. Malpractice premiums and the practice of defensive medicine have surely run up costs in healthcare. No meaningful legislation can come about without tort reform. All I want to do is take care of patients, as I have been trained to do, without some idiot politician telling me how to practice medicine. Did they go to med school? Do they stay up all night caring for the sick? I think a few days of doctors going on strike might wake up this country of Obama sheep. I, for one, will not work under Obamacare. If other MDs follow, then this country will be in a HUGE mess.

 

Marty MD

Aug 22, 2009

Sorry Gary but you missed the point. Med Mal reform HAS to be a part of health care reform.

 

Health Insure one

Aug 22, 2009

I also agree that Sarah hit in right where it counts. Whether you believe we need health reform or not, melpractice has to be in center stage with significant tort reform. It is just common sense. I don't know why we vote these political leaders and they follow like SHEEP. Our health system is not broken, it is missed used by laywers, politians, and illegals. Washington needs to be overhauled, rehabbed, and remodeled with people that really care about the American citizen. There is no soul in Washington.

 

Sarah Failing

Aug 22, 2009

Dear Raymond,

Thanks for the huge laughs. You practically made my day. Jealous? Of what??! Her nasty *mean high school girl* demeanor? Her so called *looks* complete with white trash hair *don't*? Her lack of competence? LOL..yeah I will enjoy my job for life thanks... It is secure and over $68k per year (and climbing) with the best benefits one can ask for. Unlike Palin, I studied hard and earned a REAL degree. Oh yeah...and I do not QUIT when the chips seem down. Palin sure displayed loyalty, NOT. LMAO.

"Effective leadership" THAT is the one that nearly made me spew coffee on the screen. Again, thanks for the chuckles.

 

Bernard Alessandrini

Aug 22, 2009

Sarah Palin is right. If serious tort reform isn't one of the top issues, how can Obama and his team say they're doing "all they can" for health reform?

 

DoctorDefendent

Aug 22, 2009

As a doctor practicing for over 20 years and one malpractice case against me, I truely believe that tort reform is the key. Since that event I practice expensive, defensive medicine. Sorry

 

drjohn

Aug 23, 2009

Palin is right of course. The problem is that trial lawyers own the Democrats and tort reform will NEVER happen while they control things.

Reducing the numbers of tests docs can order and leaving them with the same liability exposure make doctors easy game. It sets up a feeding frenzy for trial lawyers. They would sue doctors into extinction.

Then your next doctor will be the same person who answers the phone when you call customer support for your computer.

And he/she will have the same level of education as he/she has now.

 

Sally

Aug 23, 2009

I am a Republican but Sarah Palin bothers me. Too much whining, bickering, criticizing, negative comments, distorting the truth to her advantage. She did nothing for health care programs for Alaskans but wants to criticize anyone else's efforts. Polls taken in Alaska showed that the majority distrusted Palin and thought her only agenda was self-promotion. Her popularity figures dropped below 50%. She quit because she craved the celebrity status and being in the limelight; and she no longer had the time to pay attention to State matters. Anything that comes out of her mouth is just being regurgitated from something Limbaugh has already voiced. The commentators at FOX must love her--whatever cause they bring up, a few days later Sarah will comment on it, acting as if it is her original thoughts.

 

Rick Caird

Aug 23, 2009

Sally, Sally, Sally. It is doubtful you are a Republican. You lefties love to start with that claim. You post is a series of non sequiturs (that marks you as a lefty). What Palin did or didn't do in Alaska with health care is not relevant to her, or anyone else's, right to criticize the health care proposals and suggest other approaches.

Second, Palin enjoyed very high popularity until the lefties did their very best to destroy her both with lies such as Trig not being her baby and with fraudulent ethics complaints that cost the complainer nothing, but Palin hundreds of thousand of dollars.

When I saw the rest of your comments about Rush Limbaugh and Fox (very typical lefty talking points), it is clear your claim to be a Republican is big, fat lie. But, you lefties can't help it. Your whole philosophy is built on lies.

Rick

 

texexpatriate

Aug 23, 2009

Sally, above, is talking through her hat. She can't read Palin's mind and won't take Palin at her word. If the Republican ticket had been Palin-McCain rather than what it was, we'd have President Palin in office today.

 

Sally

Aug 23, 2009

If the Republican ticket had been McCain-Lieberman, McCain would have won. I am open-minded enough that I can listen to someone and decide whether or not what they say is logical or even makes sense to me. I will not be a blind follower of someone just because they are a Republican. Because of McCain's age, the qualifications and leadership skills of the Vice President candidates were important. You and I can believe what we want and do not need to put down each other--and don't judge me and tell me that I am now a Democrat because I do not blindly support Palin. McCain admits that his choice of a woman running on the ticket was drastic--but there were more qualified women in this Country and we value accomplishments and experience over appearance.

 

doctor

Aug 23, 2009

I am glad this issue is being addressed. Why isn't the media going after this more? Why does Obama protect the Trial Lawyers pockets? I am a physician. The amount of waste on defensive medicine, frivolous lawsuits, and ridiculous awards is out-of-control. No healthcare plan will be successful without changes on this. I am in fact not simply for TORT REFORM but RATHER MALPRACTICE REFORM! If there was true negligence (and often there isn't), the lawyer gets 40% for the patient's pain and suffering? WHAT?! One problem is, lawyers obviously have to be involved in any healthcare bill, so they continue to protect their interests. And Obama with his legal background and with lawyers in his pockets protect the attorneys interests. I also think a good way to ensure a good healthcare plan is to require members of congress to participate in this "public option" so the plan would be scrutinized more carefully and actually will be beneficial to the public.

 

Craig

Aug 24, 2009

Chrisie: Getting rid of bad doctors is laudable but often difficult While in Arizona several years back a lawyer complained in an editorial about this problem. Problem is, he had sued the state on behalf of a doctor who had lost his license for bad behavior and won, so his client was able to practice again! They win on both sides - government of the lawyers, for the lawyers and by the lawyers!

 

Moe

Aug 25, 2009

Sarah needs to take care of her own family first and then she can branch out to other things. Had she won the election, I am confident that her daughter and Levi would have married. Since she did not win she doesn't need him to make her point,but his child needs a father to care for and love him.

 

Dee

Aug 25, 2009

This woman makes no sense. Tort reform does exactly what Palin said the "death panels" would do...determine a persons rights based on a value that is determined by the productivity. Essentially, tort reform precludes the disabled and elderly from being able to sue/recover when medical mistakes are made on them because they have NO economic loss.

 

Mark

Sep 2, 2009

This is about the only thing I agree with Sarah Palin on--up to a point. We need tort reform, and it's not just in the medical field. Product liability suits cost all of us in the prices we pay for products. There must be redress for harmed patients, and real compensation, but an arbitration system that acts quickly, and fairly, and doesn't reward personal injury lawyers with million-dollar payoffs is preferable to the current court system. But Sarah's numerous rants against everything Obama are misguided: He garnered financial support from almost every segment of society, not just the evil trial lawyers. He deserves a lot of credit for the great job he has done, so far, on fixing the economic mess he inherited from his predecessor.

 

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