Monday, September 21, 2009

Who Pays For Health Care?

I just received a bill for shoulder surgery that my son had to have. The surgeon's bill was $11,000.00. The insurance company paid $2,000.00. I owe nothing additional. If I did not have health insurance that covered my son, I would owe the entire $11,000.00. How is this fair? How can people, who do not have the ability to buy health insurance, afford to pay the entire surgical bill? The answer is they can not pay, they do not pay. They are often forced into bankruptcy because of these medical bills. This arrangement is not good for doctors, it is not good for people with insurance and is especially harmful for those who do not have insurance. The public option will help everyone. In a recent poll 75% of doctors favor a public option. Michael Quinn, Esq.

Wednesday, September 16, 2009

Injuries Caused By Drunks

Connecticut, like most states, permits a person injured by a drunk to sue the seller of the alcohol if the drunk was intoxicated at the time of the sale. That right was created by statute long ago. More recently the Connecticut Legislature raised the cap on the monetary damages the injured person could receive in such a claim. What the Legislature did not do, and refuses to do, is require sellers of alcohol to carry insurance for such claims. Many bars that are the worst offenders have no insurance. Routinely, these bars rent the space they are in and have no assets. It is ironic that we require doctors and drivers of cars to have insurance to cover their mistakes, but a bar that serves a drunk and then puts that person on the road is not required to have insurance. Some have argued that it would be prohibitive for some bars to carry this kind of insurance. Good. If a bar has a history of putting drunks on the road, then the public is better off without them. Michael J. Quinn, Esq.

Monday, September 14, 2009

Are Trial Lawyers A Special Interest Group?

We have been hearing a great deal about health reform. I previously noted that special interest groups are likely to be the down-fall of health reform. Trial lawyers are spending their own money in Washington. No doubt there is self-interest in the Trial Lawyers' effort to protect peoples' right to bring claims. What is different is that people who are injured through medical negligence have no one to speak for them. Insurance companies and drug companies are not looking out for the patient. If the Trial Lawyers are successful in protecting the rights of victims of malpractice. It is the patient who is the beneficiary of those efforts. Michael J. Quinn, Esq.

Friday, September 11, 2009

Tort Reform Caps On Pain and Suffering

Caps on pain and suffering, do they work? That is, do caps reduce the cost of health care as the medical profession claims? The simple answer is no. Texas has had the $250k cap on pain and suffering. It has had no effect of health insurance rates. It has not reduced the cost of health care in the state. The only thing it has done is limit the rights of persons injured by medical malpractice. Michael Quinn, Esq.

Thursday, September 10, 2009

Tort Reform and Health Care Reform

President Obama mentioned Tort Reform as part of his health reform initiative. What is Tort Reform? It is the limitation on a person's ability to bring a claim or a limitation on the compensation a person may receive as a result of injuries caused by another person's negligence. Doctors have been the principal proponents of this idea. Like anything that limits a person's rights, it sounds reasonable until it is you. The most frequently promoted idea is a limitation on non-economic damages or pain, suffering and the ability to enjoy life. The dollar limitation that is put forward is $250k. In thinking about this consider the real case that occurred in a southern state: A boy was born in a well regarded hospital. When they circumcised him they cut off the head of his penis. There were virtually no economic damages associated with this injury. This under the Tort Reform limitation he would receive no more than $250k for this lifetime loss. Is this fair? Michael Quinn, Esq.

Tuesday, September 8, 2009

Bikes On Connecticut Roads

We all drive cars. A few of us ride bikes on the road. Because few roads have bike lanes or even break-down lanes, bike are an annoyance to drivers. Nevertheless, biking is good for health and the environment. Connecticut, the most affluent state in the country is especially unfriendly to bikes. In fact, Connecticut ranks 48th out of 50 states in terms of being unfriendly to bikes, that is, only two states are more hostile to biking than Connecticut. Every time I see a child on his or her bike being passed by a car I cringe hoping no contact occurs. Perhaps we can all be more mindful of the fact that cars and suvs can weigh 2 or 3 tons, bikes with a rider as little as 75 lbs. We can all remember riding our bikes to school, baseball practice or the store for a quart of milk. Let's make Connecticut a more bike friendly state for our kids and the adults who chose to ride. Michael Quinn, Esq.

Politics As Usual

It is now controversial to encourage children to stay in school and work hard. How will we address major problems as a nation if we fight over the President addressing school children? Michael Quinn, Esq.

Friday, September 4, 2009

Defensive Medicine and Trial Lawyers

This is the first posting in what we hope will be both informative and provocative.

Defensive Medicine: Trial lawyers are being accused of causing doctors to engage in defensive medicine. Defensive medicine is performing tests and procedures that are unnecessary. Unnecessary for whom? Not me or you if we are the patients.
It reminds me of the debate over seat belts in cars. The auto industry claimed they were an unnecessary expense for consumers. Today, ask anyone who has been in a head-on crash if they think seat belts are an unnecessary expense.
Similarly, ask any woman who has had her doctor tell her not to worry about the lump in her breast, only to find out too late that she has advance breast cancer, if she thinks a mammogram would have been an unnecessary procedure. Defensive medicine is only defensive medicine if you are not the patient.
Michael J. Quinn, Esq.