Talk of The Villages Florida - View Single Post - Two Questions I Would Ask
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Old 08-16-2009, 03:26 PM
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Default Questions Redux

Quote:
Originally Posted by SteveZ View Post
Regarding Question One, criminal law exists already....Calls for fines and/or up to five years' imprisonment....Regarding Question Two, we've discussed this one many times....
Question One Redux:

Thanks for the legal reference, Steve. I guess I would re-phrase my question to be "If Medicare fraud is so rampant, how come so few doctors and other providers are prosecuted under 18 USC Section 1035?" (There may be some, but very, very few such prosecutions are ever reported on, leaving me to believe that only the most egregious and high profile cases lead to action by the U.S. Attorney.)

Question Two Additional Comment:

I know we disagree on the potential for cost savings resultant from medical tort reform, but I continue to endorse enactment of such reforms based on the opinions of doctors that savings from a reduction of CYA tests and procedures could be achieved. The fact that the U.S. is the only country in the world that permits litigation with unlimited awards against the medical profession is enough reason for me to support such a change. Something needs to be done to "bend the curve" of seemingly out-of-control malpractice awards and the result they have on healthcare costs. Failing to enact tort reforms seems to fall into the category of "doing nothing", and we all know that hasn't worked to control healthcare costs. If not tort reform, then what will reduce both the frequency of malpractice lawsuits and the ramp-up of awards and out-of-court settlements? Doing nothing isn't working to achieve the needed improvement in doctor performance, which underlies any lawsuit, whether settled on behalf of the plaintiff or not. The Hippocratic Oath hasn't been enough to improve physician performance. We need something else.