In that same vain, what is a good solution for medical malpractice? How can we reduce the impact of that while still holding doctors/hospitals accountable?
Well, in Michigan we have virtually no med-mal anymore thanks to tort reform. Nothing has changed, except that people who are hurt through gross negligence and ludicrous deviations from standard of care are generally sol. Insurance premiums haven't gone down. Costs are still rising.
I separated this from my original post as this is another component of costs. What to do about malpractice costs and people treating emergency rooms like free clinics.
1. Let Hospitals kick people out who don't have life threatening injuries?
Yes! Of course! The way ER's should work is that people are immediately triaged. If there is a ludicrously non-emergent reason for the visit and there is clearly abuse or misunderstanding of the point of the ER, they are then asked to leave. If their condition is in doubt, they can wait for more thorough triage, and then sent home if a more thorough evaluation shows no emergent problem. Those in a clear state of emergency are treated immediately.
2. Should they kick people out who can't pay? Can they legally be held accountable if they can't pay?
No. People shouldn't die because they can't prove they have coverage. People should live because they are willing to lie. That would come down to providing proof of coverage and/or a very large bank balance while in the midst of a life-threatening emergency.
As someone who was in such an emergency fairly recently, I can state unequivocally that that is virtually impossible. I couldn't even park my car properly, let alone sort out financial documents.
3. Are the malpractice insurance rates currently charged realistic? Should legal damages and such be capped?
No, and sort of. There are some serious problems with damage capping. One of those, incidentally, is that with the kind of intensive discovery required, lawyers cannot afford to take on contingency cases when damages have been tightly capped, because 1/3 of the recovery will not pay for the cost of the trial. Some caps are reasonable, some are not.
I think it would be more reasonable to change the burden of proof and the standards of care measured, and to limit the number of parties who may be joined in a suit. Why on earth should the doctor be sued if it was the hospital's screw-up and the doctor wasn't in the room? Why should the nurses be sued if it was clearly gross negligence on the doctor's part?
4. Should we just execute all lawyers and go from there?
Well, maybe all insurance executives and the legislators in their pockets.
Keep in mind that there aren't that many med-mal lawyers. There are only two or three in my local area, and hundreds and lawyers.