A Sign of Things To Come

The Administration and Congress who, in the words of Senator Rochefeller of West Virginia pushed through "health care reform regardless of the views of the American people," and are, not surprisingly, exempt from this law, keep telling us that this is "not government run health care." This is simply not the case. Occam's Razor says the the simplest explanation is usually the correct one. When it comes to the Health Care Bill, the "co-op" is government owned, so by extension, it is government run.

Today, we find out another reason for this: A private citizen can't sue a government health care provider.

Yesterday, the Supreme Court ruled on a case that has direct implications and sets precedent for the future of Health Care in the United States. In this particular case, an illegal immigrant (and drug smuggler) sued doctors at the US Public Health Service after they refused to treat a lesion. The high court ruled that it is the U.S. Government that is the provider and since Public Health Service doctors have "absolute immunity for their official actions" the doctors cannot be held accountable.

I am of the firm opinion that one of the major causes of health care costs is the litigation-happy society and the lack of tort reform that allows people to get multi-million dollar judgements for "emotional pain and suffering" and the like. However what the court is doing by setting this precedent is to create a system by which, if a patient is truly wronged by a health care provider, that patient has absolutely no recourse.

Follow the dots, here.

The government, ipso facto is now a Health Care provider. This is well established. Therefore, all health care professionals are employees of the government and, by simple extension, subject to the Public Health Service. Since that service's members have "absolute immunity" for wrongdoing, the "Patient's Bill of Rights" goes right out the window (along with the rest of the Rights that the administration and successive Congresses have seen fit to remove).

Dr. Kagen has claimed that more people now "have a choice" in health care. Not only, as I've pointed out, is this untrue because one cannot choose to opt out of health care, but now that choice is further limited because one has no legal recourse should their government-sponsored physician "screw up". While I'm certain that few doctors relish the idea of being sued for negligence, the opposite is actually an anathema to the profession as it allows the worst, most incompetent elements to go unpunished for their misdeeds. This ruling sets the precedent for that scenario.

The Health Care law is fact. Sure it can be undone (an uphill battle, but a winnable one) and when it is, the next step towards sane health care reform is to reform tort law and remove the unjust, irresponsible and incredible punitive damages from the table. Litigation is powerful, albeit unfortunate motivational factor when wielded appropriately. Without it, with the protections given to doctors in the PHS, the government has simply created another "trade union" where mediocrity, regardless of ability, is the rule and longevity is the only thing that's rewarded.

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