The United States this year will produce approximately 51,000 new lawyers and 16,000 new doctors. Do you see anything wrong with that picture? We have a judicial system over burdened with frivolous law suits and a healthcare system over burdened with the cost of malpractice insurance and we allow an academic system to go on turning out numbers that exacerbate the situation.
Massachusetts has recently continued this foolish trend with the acquisition of the failing Southern New England School of Law. Massachusetts has the fourth highest total per capita of lawyers in the nation, what constituency in the state is crying out for more of them?
As it relates to health care, the more lawyers we have in the country, the more likely we are to continue to have soaring cost of malpractice insurance. Already nearly 10 cents of every medical insurance premium goes to paying malpractice awards. The answer to curtailing these exorbitant costs is to cap the awards that can be made by juries in malpractice cases.
Of course every case is not the same, a person at 25 with a life long earnings potential ahead of him is likely to win a higher award in court than a person who is 85, however, at some point there is a convergence of a reasonable number for the plaintiff versus a reasonable number for the system. Juries are prone to thinking exorbitant awards will be paid by the insurance companies when in reality the cost is passed on to all of us in the system.
That reasonable number should be arrived at and placed as a cap on the entire system. Tort reform is reasonable and it should be included in any overall health care reform legislation passed by congress. At the moment, it is not included in the massive bill being discussed and perhaps passed today.
Tort caps and tort reform should be the cornerstone of any health care reform legislation. Is the reason it is not is because the trial lawyers are one of the largest donor constituencies of the Democrats?
Another simple tweak of the system that could provide significant relief would be interstate competition by health insurance providers. Why in a country that was built on competition do we have a health care system that prevents it? With an aging population needing more care in the future, how will more lawyers and IRS agents address the problem?




