Talk of The Villages Florida - View Single Post - 8 Myths About Health Care Reform
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Old 07-20-2009, 09:04 AM
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Originally Posted by NJblue View Post
However, the cost of malpractice insurance is not really the problem with torts. The real reason that tort reform is needed is the high cost of defensive medicine that results from doctors ordering expensive tests to avoid being sued.
Let's call "defensive medicine" for what is really is - fraud, and possibly battery!

Telling folk you need to have tests done (time consuming, invasive, expensive) when they are not medically necessary, but only to provide back-up evidence in case of a claim, is fraud. I don't care how one wants to rationalize it. In every other industry, comparable behavior is fraud. It's like your auto mechanic telling you that the only way we can be sure the oil change was sufficient is to tear down the engine for further inspection - if you have knowledge of how an engine works, would you condone that? When professionals bank on the ignorance of their customers regarding the technical facets of the provided service - and bilk them for higher costs - that's fraud.

A battery can be both a tort and a crime (depending on the extent of the harm). Its essential element, harmful or offensive contact, is the same in both areas of the law. Most invasive medical tests/procedures qualify as such when coupled with intent [e.g., knowing there is no medical need (just legal "CYA" for the health care provider) for the test/procedure].

Again, one can rationalize any kind of action when it benefits oneself.