[Dan Semko]

Dave,
please allow me to address why malpractice is so high. There are several reasons but the two major reasons are, the fees that doctors charge have been drastically reduced so in order to pay for staff, equipment, insurances etc, we need to see three times the patient load in order to make what we were 5 years ago. The insurance companies now regulate who you see, when you see them and what you prescribe. If that company thinks a generic medication on their formulary is sufficient regardless of what we prescribe, the patient either has to take that medicine or pay for the entire prescription out of pocket. The juries are awarding unrealistic settlements in lawsuits and to further complicate matters, the frivilous suits that should be tossed out due to questionable merit, have to be defended by our carriers. If the carrier decides that it's cheaper to settle, regardless of merit, then they do so, which drives up the cost to everyone down the chain. Are there solutions, sure and simple ones:
1. If a patient brings a frivilous lawsuit and looses, then they should have to pay the total cost of the case. 2. Standardize physicians fees, so there's an acceptable, nationwide schedule and if the doctors want to charge more, the patients should expect/demand better, comprehensive care. 3. Place a cap on all medical malpractice cases on patients above the age of 18 or 21. Why, obviously if you're permanently injured as a child and require continuous medical attention throughout the remainder of your life, you should be entitled to more. Patients above that age, regardless of injury should have a cap. I personally don't believe that ANYONE including myself, is worth $25 to 30 million dollars in damages. 4. Take the control of patients out of the insurance company's hands. Thanks to Clinton, if you're insured in a group, or in an HMO, and you're not treated properly, you as a patient have little recourse. 5. Spend the tax money collected from our taxpayers on a quality health system providing quality medical care to all people over age 55 BEFORE you send it to foreign countries to rebuild their problems. 6. Adjust the litigious mindset in this country by regulating attorneys that instigate nonsense lawsuits. You know the type that advertise frequently on TV stating that "if you have taken, know anyone that has taken or even been in the same state with anyone that's taken a certain medication you may be entitled to compensation" suggestions. I feel the only crime here is that the government has not declared open season and discarded the legal limits on heads taken.