The need for a "Patients' Bill of Rights"

This dialogue explores and questions the necessity of patients having a right to litigation against the institutions of managed care.  

Original statement by William W. Thomas, Chairman of the House Ways and Means Committee arguing that it is not the right to sue which will improve the present health care system.

Commentary from Don McCanne agreeing with Thomas' main point that it is not a right to sue that is most needed at the present time.

Commentary from Kip Sullivan arguing that the issue of malpractice and of the need of patients to be able to sue both doctors and institutions of managed care must be evaluated separately from the need to universalize health care.  The right to sue would remain a necessary feature even with universal health care.

Commentary from Victor Sidel arguing that the right to sue is presently necessary in order to make the industry provide health care.

EINO responds a short summary of what we take as the major points in the preceding discussion.

Commentary entitled "Lawsuits Create Defensive Medicine" By William W. Thomas, Chairman of the House Ways and Means Committee from the Los Angeles Times of July 25, 2001 

"Let's pause for a moment in the debate over a patients' bill of rights and go back to the basic premise of health care. It's about helping people. It's about getting the best medical treatment. It's about you and your doctor making decisions that affect your health, your family and your life. It's not about a lawyer making those decisions."

Don's Comment: We should pause and reflect on Rep. Thomas' words.

Most patients that suffer medical injury do not sue and are not compensated for their losses. Most patients that do sue are not victims of malpractice but have suffered a medical maloccurance that is not the result of error in judgment but is merely an unfortunate, fortuitous outcome. The medical tort system is an extremely ineffective system, yet about 10 billion dollars per year are diverted from patient care into this system. Much of this is consumed by the plaintiff's attorneys, defense attorneys, malpractice insurance companies, investigators, and court costs, not to mention the additional waste of unnecessary "defensive medicine."

Of the remaining portion that reaches the plaintiffs, a relatively insignificant amount is used to obtain medical care. That 10 billion dollars would be better spent on beneficent programs such as meeting the needs of the uninsured or providing prescription drug coverage for Medicare beneficiaries. Instead, under the cloak of a "patients' bill of rights," Congress continues to debate the expansion of a tort system designed to divert even more funds to this wasteful legal industry. These comments will be challenged by our friends and colleagues on the basis that we need "accountability," but what we really need is an expedited appeals process to gain access to needed care.

Tragically, this ridiculous debate has diverted our national leaders away from the real problems in health care. We desperately need to provide coverage for everyone, and we need to assure that our resources are provided exclusively for the benefit of patients. We can do this best through a publicly administered, universal health insurance program. Let's start the real debate - now!

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