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Lawsuits are “driving docs out of business.” President Bush in Kutztown, PA, July 9, 2004. http://www.whitehouse.gov/news/releases /2004/07/20040709-5.html

Doctors are not leaving states with high malpractice insurance premiums.

Only two months before he made that comment, the Allentown Morning Call reported that the number of doctors in Pennsylvania had increased during the malpractice “crisis.” In the summer of 2003, the Government Accounting Office, formerly the General Accounting Office, reported that the volume of medical care delivered in Pennsylvania had increased during the crisis. Statistics from state medical boards in every other so-called “crisis” state show the same—doctors are not being driven from practice.

“All these junk lawsuits are running up the cost of medicine.” President Bush in Greensboro, NC, July 25, 2002. http://www.whitehouse.gov/news/releases /2002/07/20020725-5.html

Malpractice costs are .62 percent of the nation’s health care expenditures.

According to the Department of Health and Human Services actuaries’ most recent report on growth in health care expenditures, in 2002 health care expenditures rose 9.3 percent to $1.553 trillion. Expenditures on malpractice premiums reported to the National Association of Insurance Commissioners that year were $9.6 billion, making malpractice costs about .62 percent of national health care expenditures. Malpractice costs rated only an eleven-word mention in the actuaries’ 13-page report.

“Docs and hospitals practice what’s called ‘defensive medicine’ in order to protect themselves in a court of law.” President Bush, Albuquerque, NM, March 26, 2004. http://www.whitehouse.gov/news/releases/2004/03/20040326-9.html

Independent researchers reject the “defensive medicine” theory.

The only study ever attaching a price tag to defensive medicine — extra medical tests given to avoid lawsuits— was one conducted by the Bush Administration’s own Mark McClellan. 6 No other independent researcher has been able to replicate his findings. The contention that doctors practice defensive medicine is crucial to the Bush Administration’s claim of high tort costs because the cost of malpractice insurance is relatively minor. Using McClellan’s article to project $25 billion in “defensive medicine” costs7 allows Bush to attach an artificially-inflated legal cost to the federal budget. But both the Government Accounting Office8 and Congressional Budget Office9 dismiss the theory and thus refuse to make cost estimates.

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Tuesday, May 03, 2005