Note: Yes I know, in theory we're not supposed to use the name of another Kossack in the title of a diary if we're insulting or "calling out" the person. Here I am honoring one of our finest, Dallasdoc. That said, if anyone in authority objects, I will change it.
Yesterday I wrote a diary called, Hero MD: "How do I tell my patient . . .?. If you didn't read it, and want to do so, here's a link.
http://www.dailykos.com/...
It was about a patient being denied expensive chemotherapy.
Thanks to comments from Dallasdoc, I think it would be fitting to have a brief discussion of lawyers and acknowledge that many, though not all, are outraged civic minded activists.
In our fight against the for-profit insurance industry, and as we move toward single-payer universal healthcare, lawyers are frequently the last line of defense for beleaguered patients and doctors alike.
And let's be clear about one fact. Most lawyers just don't go around suing doctors. Yes there are junk lawyers and junk lawsuits, but don't follow the scum extremists down the road of blaming lawyers for the implosion of our healthcare system. This is bullshit. If you don't believe me go to the web sit of the Center for Justice and Democracy and read the truth about medical malpractice litigation.
http://www.centerjd.org/...
One other piece of business. I've never mentioned on Daily Kos that I write for a phenomenal blog called TortDeform. So does Jeffrey Feldman. Since we're talking about lawyers, if you're interested in learning the truth as opposed to the slanderous right wing bullshit about tort reform, you should add TortDeform to your favorites.
http://www.tortdeform.com/
By the way, TortDeform is way out front in reporting about the neglected healthcare of the heroes of 9/11. The firefighters, police, and volunteers who are now suffering profound health consequences from being lied to by the Bush EPA, about the air safety around Ground Zero in the days, weeks and months following the disaster.
Returning for a moment to Dallasdoc, why is this diary a paean to him? Because yesterday his comments helped focus my own thinking about the place of the legal system, and the role of lawyers in standing between us and our lethal healthcare system.
This comes at the same moment the regime is waging its own holy war against the legal profesion. Any lies from Bushco will suffice, as long as it directs the spotlight away from those truly responsible for the collapse of our healthcare system. Last week Mr. Bush took another swipe at trial lawyers in his customary inelegant way.
President Bush again is taking jabs at medical malpractice lawyers and calling for nationwide tort reform.
"I'm worried about frivolous lawsuits that are running up the cost of health care," the president said on a visit to Caterpillar Inc.'s Peoria headquarters last week, revisiting an issue that has been near the top of his agenda since he entered office. " . . . And when somebody gets sued all the time, they practice more medicine than is necessary and it runs up your cost."
http://www.chicagotribune.com/...
Here though is the truth from Dallasdoc about lawyers. Frequently lawyers are all that separate him and many of his patients from all-out anarchy at the merciless hands of the for-profit insurance industry. This is what he said yesterday.
There's one good way for docs to fight back (94+ / 0-)
When a demonstrably superior or medically vital drug or service is denied, I have from time to time called the insurer's medical director. I've asked for an explanation for the decision, which inevitably boils down to "Because that's what the guidelines we use state."
I then cite literature evidence (if I've got it) or simply tell the director that my patient is at risk for [dire medical complication.] Then I use the magic words:
All right, doctor. I'm going to document your refusal to provide this service in the patient's chart, despite my citation of the reasons for its medical necessity.
The only thing that trumps their hatred of spending money is their hatred of medicolegal exposure. It's worked every time.
4.50, 5.85 Conventional opinion is the ruin of our souls. -- Rumi
by Dallasdoc on Wed Feb 07, 2007 at 04:43:05 PM PST
But Mr. Bush wants only to distract the attention of the American people and to reward his insurance industry thugfriends. More from the Chicago Tribune.
Bush is misleading the American public all to make the case for further padding the profits of his insurance industry friends," said Jon Haber, chief executive of the American Association for Justice, formerly the Association of Trial Lawyers of America. "Restricting the rights of victims to hold wrongdoers accountable will do nothing to lower health care costs and in turn, eliminate a key incentive for hospitals and health-care providers to decrease the 100,000 deaths that occur each year from preventable medical errors."
The hostile rhetoric is part of a renewed debate on changes to the legal system, "tort reform" in political lingo. After letting the issue simmer last year, the president is again leading the discussion, framing it as a barrier to economic growth.
But Dallasdoc knows who's really to blame. Like most American doctors, he deals with these crooks every day. He had some more good advice.
Time to apply the magic word, Lawyer (10+ / 0-)
I advise my patients frequently to use the word "Lawyer" when insurance companies, employers trying to screw them on worker's comp, or other corporate bullies are not living up to their obligations to them. Sorry to hear about your experience, but I've always found that when "problems" appear, they invariably save some big company money and screw the little guy. The only way to overcome such problems is to show the company that it's going to be more expensive to break the rules than to follow them. That usually involves lawyers, or at least the threat of them.
4.50, 5.85 Conventional opinion is the ruin of our souls. -- Rumi
by Dallasdoc on Wed Feb 07, 2007 at 07:46:05 PM PST
Then johnshaft had another wonderful suggestion.
It's amazing how effective(12+ / 0-)
asking for a company's registered agent for service of process can be. It's like starting an entirely new conversation.
by johnshaft on Wed Feb 07, 2007 at 08:27:15 PM PST
Brilliant johnshaft, brilliant.
As I said, Mr. Bush and the for-profit insurance industry will take any opportunity to divert attention from those entities responsible for running our healthcare system into the gutter. And as night follows day, he's gunning for yes, the trial lawyers. From the Chicago Tribune.
The hostile rhetoric is part of a renewed debate on changes to the legal system, "tort reform" in political lingo. After letting the issue simmer last year, the president is again leading the discussion, framing it as a barrier to economic growth.
What follows is the truth. It was true last night. It remains true tonight and it will be true tomorrow and next month and next year.
The U.S. spends twice as much as other industrialized nations on health care, $7,129 per capita. Yet our system performs poorly in comparison and still leaves 46 million without health coverage and millions more inadequately covered.
This is because private insurance bureaucracy and paperwork consume one-third (31 percent) of every health care dollar. Streamlining payment though a single nonprofit payer would save more than $350 billion per year, enough to provide comprehensive, high-quality coverage for all Americans.
http://www.pnhp.org/