tag:blogger.com,1999:blog-3981048078665187647.post1040846401087855282..comments2023-09-23T01:05:21.226-07:00Comments on Health Law Blog for the Medical Community: A Novel Approach to Medical Liability Reform, No-Fault LiabilityRegina Bailey, M.D., J.D., LL.M.http://www.blogger.com/profile/06734431302521710901noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3981048078665187647.post-52412554918185719822012-09-19T08:22:57.916-07:002012-09-19T08:22:57.916-07:00No fault is always an enticing idea ... but I don&...No fault is always an enticing idea ... but I don't know if you recall, but NJ instituted "no fault" liability for car insurance ... and then had the highest rates in the nation ... gubernatorial elections since have been decided by which candidate the voters think will lower car insurance ...<br />Under the proposal, will doctors see their malpractice premiums rise if there is an award against them for their care?<br />A better solution (to my mind) for defensive medicine is have health insurance actually be INSURANCE - rather than the health SERVICE policy it currently is (health "insurance" isn't insurance against a major loss like every other type of insurance - its like an extended warranty where every "repair" is covered) ... if people actually paid out of pocket for their health care (from a tax free medical savings account), they would ask the Dr what are the $2000 in tests for - he would say you need the first 5, but there is a 1 in 10,000 chance the other 5 might turn up something ... to which most patients would say "skip those 5" ... in the unlikely event that something does turn out wrong, people are far less likely to sue .. the medical industry would also have to restructure and become patient focused where doctors and hospitals compete on price and service (customer satisfaction) ... would be a brave new world ;-)<br />Anonymoushttps://www.blogger.com/profile/16781539458343569954noreply@blogger.com