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| Health Courts: An Idea Worth Considering |
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by Marcos A. Vargas, MSHA, PA-C - December 6, 2010
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Throughout history there have been many types of reforms, all of which have had one thing in common: to change outmoded ways of thinking or improve inefficient processes. Essentially, that is the underlying impetus of any reform idea or movement— is it not?
Unfortunately, as promising as they may appear, sometimes they can become nothing more than a fad or a trend depending on their “reformative” factor. For instance, during the nineties it was all about “Healthcare Reform”. Around 2005 & nowadays, is all about “Tort Reform” (Healthcare Courts) taking center stage—albeit much less heard thus far.
And while times have changed, so have our national priorities & demands regarding these two embattled industries--the healthcare & tort system, both of which appear to be struggling to meet their societal mandates. Ironically, in many respects they are both very alike, while in a few respects, very different from each other.
It’s interesting to see that they both propose alternatives. Healthcare Reform sought to provide and increase access to healthcare services to the American consumer, while Tort Reform seeks to provide legal access to all equally, regardless of financial gains involved for trial (plaintiff) attorneys who traditionally have favored big award cases. Similarly, both reform movements seek to improve, simplify and/or reduce the bureaucratic administrative overhead always indirectly transferred to medical consumers.
Like our Healthcare Reform (HCR) initiative that had its supporters & detractors, Tort Reform is no different in that regard. In fact, in the beginning they both were a “tough sell” to the different constituencies affected by the envisioned changed. Yet, in spite of that, as time moved forward, the degree of reserved optimism waxed and waned as the stakeholders jockeyed for bi-partisan supremacy over each other, in the end causing the triumph of the HCR movement. The verdict for Health Courts is still pending, even though there are several states implementing the experiment on a trail and limited basis, while there are other states mulling the validity of this novel idea.
Simplistically speaking, Health Courts provide a myriad of benefits worth noting (a form of Tort Reform). Amongst these, is the fact, that that judicial fate of an alleged negligent provider would be much less unpredictable. Under the proposed new tort system, specialty trained judges & a jury of your peers would mean no more juries dispensing plaintiff mega-awards based on sympathy or legal maneuvering by crafty attorneys. Thus, limiting both, the overhead expenditures, & questionable justice deliverance, not to mention shorter trial times.
Another noted difference, is the degree of fanfare involving Healthcare Courts compared to HCR. Obviously, much less press in my opinion due to the significant potential curtailment of the longstanding “lottery mentality” in our society. Because bygone may be the days of erratic justice deliverance, if this alternate tort system becomes implemented. This re-examination of our tort system, already under pressure by the detractors and skeptics, should be given the opportunity to evolve free of partisan interference. So where does all of this leave us (practicing) NPS & PAs? Or what can we do?
Sure medical malpractice occurs, but not to the extent that ATLA (The American Trial Lawyers and or The American Bar Association) would have us believe. As stakeholders in this Tort Reform Movement & stewards of the / our healthcare system, it is incumbent on each and one of us to become educated and educate others by proactively supporting state bills supporting Health Courts.
Let us urge our US and state senators, colleagues, and the American medical consumer that if Tort Reform is to become a reality in discarding a longstanding flawed inefficient American judicial system, not only must we begin moving closer…then we (the medical community ) must begin considering as a viable solution to our flawed judicial system.
 Marcos A. Vargas, MSHA, PA-C is a Boston born and Puerto Rican bred individual who has an extensive healthcare industry background, both industry-related as a Pharmacy Technician during his undergraduate years, and industry-specific as a dually N.C.C.P.A. certified Physician Assistant in Surgery and Primary care after graduating from the University of Alabama—Birmingham Physician/Surgeon’s Assistant Program. He has held clinical positions in Cardiothoracic, General Surgery, & Emergency Medicine over the past twenty years. He holds a Master’s in Science Administration from Central Michigan University and a Healthcare Risk Management graduate certificate. He has been retained and consulted regularly by both plaintiff & defense law firms over the past 14 years. During this time, he has served as both a consulting medical reviewer and a PA expert. Marcos has lectured on Clinical Risk Management (PA) issues throughout the years to various Michigan-based PA Training Programs. He has done the same for lay audiences, covering a wide range of “Wellness” topics. He has been a supporter and associate member of numerous professional clinical and non-clinical organizations. Currently he is employed as an orthopedic PA at HMC.
The viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at Healthcare Staffing Innovations, LLC.
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