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Biden administration moves to protect Alaska wilderness; opening statements and first witness in NY trial; SCOTUS hears Starbucks case, with implications for unions on the line; rural North Carolina town gets pathway to home ownership.

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The Supreme Court weighs cities ability to manage a growing homelessness crisis, anti-Israeli protests spread to college campuses nationwide, and more states consider legislation to ban firearms at voting sites and ballot drop boxes.

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Wyoming needs more educators who can teach kids trade skills, a proposal to open 40-thousand acres of an Ohio forest to fracking has environmental advocates alarmed and rural communities lure bicyclists with state-of-the-art bike trail systems.

Healthcare Reform: What to Do About Malpractice?

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Tuesday, September 8, 2009   

ST. PAUL, Minn. - As health care reform gets hammered out in Washington, one element hasn't gotten much attention: What to do about the malpractice issue. Mike Bryant, who takes over as president of the Minnesota Association for Justice this month, thinks Minnesota's approach to malpractice would be a good model for the new system.

Minnesota is one 26 states that have no cap on malpractice awards, which Bryant says leads to better outcomes.

"Minnesota has low rates for doctors as far as malpractice insurance, and Minnesota has some of the best health care in the country. We also have one of the lowest numbers of filings for malpractice claims - in fact, the number of claims is going down in this state."

Other states without caps have not been as lucky. Some studies indicate they have higher insurance rates, although other studies are less conclusive.

Physicians and congressional Republicans insist that limiting jury awards in malpractice cases is the best way to curb malpractice insurance costs for doctors, which they say will then lower costs for patients. In proposing malpractice award caps in 2004, then-Vice President Dick Cheney offered the idea as a solution to what he termed "runaway litigation."

But Bryant says malpractice payouts, and the subsequent insurance premiums, account for just a fraction of overall health care costs.

"The malpractice part of the system is a very small part - I think it's a half of one percent of the whole, complete system - and unless you're going to say that no one has any right whatsoever to ever bring a claim, you're always going to have some part of the system cost that's due to malpractice because there is malpractice out there at times."

An analysis by the federal Congressional Budget Office determined caps on malpractice awards would lower health insurance premiums by only .4 percent. President Barack Obama has said he supports lowering malpractice insurance premiums for physicians, but does not support caps.



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