07 December 2009

Healthcare in America: Affordability, pt 4

Good day, family and friends!

Today, we start looking at litigation, insurance fraud, and special interest legislation.

Another component that has caused the cost of doing business for both physicians and insurance providers to skyrocket is runaway litigation. Over the last 30 - 35 years, the concepts of 'Personal Responsibility' and 'Reasonable Expectation' have been either perverted or completely discarded by personal injury attorneys. People who are grieving over a personal tragedy are being convinced by these ambulance-chasers that it will make them feel better to lash out at the deepest pockets they can find. Here are two recent examples of such spurious abuse of litigation:

1) Earlier this year, a grieving family in Montana filed suit against the parent company of Louisville Slugger because their son was killed by a line drive hit by a batter using one of their aluminum bats. The jury awarded the family $850,000.

2) A woman in Oklahoma has filed suit against Samsung and Sprint Nextel because a man who was distracted by a cellphone call ran a red light and broad-sided a car in the intersection, killing the woman's mother. This suit is pending.

But the most famous case of abusive litigation that really opened the flood gates is the case of Liebeck v. McDonald's Restaurants from 1994. In case you don't remember, this is the case where a 79-year-old woman who, due to her own actions, spilled hot McDonald's coffee in her lap. Thanks to her weasel of an attorney and the twelve idiots on the jury she received a judgment of $2.86 million dollars for 'comparative negligence'. To add insult to injury, her husband filed a separate suit against McDonald's for "loss of spousal duties" because his wife couldn't have sex while she recovered. McDonald's settled his suit out of court for another $150,000.

What do these cases have to do with the cost of healthcare? They are some of the most egregious examples of the courts throwing personal responsibility out the window. This attitude that people are no longer responsible for their own actions has spilled over into every aspect of our society...including healthcare. Because of this 'victim mentality', the cost of medical malpractice insurance coverage has gone crazy. Paying the out of control punitive damages being awarded in malpractice cases have severely increased the operating expenses of the malpractice insurance carriers. They pass this cost along to the physicians in the form of a six-fold increase in malpractice insurance premiums. In turn, this increase in the operating costs of a physician's practice results in higher overall costs to the consumer for every visit to a doctor's office. As with just about every other cost in this debate, there is a wide disparity in just how much of a physician's cost is malpractice insurance...between 19% and 27%, depending on which report you read.

Next time, we continue looking at the impact of litigation, insurance fraud, and special interest legislation on healthcare costs.

Until then, best regards...



© James P. Rice 2009

Intermezzo - Copenhagen Climate Conference

WARNING! Today's post is a bit longer than usual.

Good day, family and friends.

Recently, when I asked a number of my friends and family to join a social group regarding the UN Climate Change Conference that begins today in Copenhagen, I received a terse chastisement from one of my friends accusing me of ignoring the facts and blindly supporting a conspiracy theorist. I replied to this friend with a summary of the facts I have uncovered in my own research and my own reasons for my position on this conference. When I re-read it, I thought it sounded pretty darn good (if I do say so myself!) and decided I would share it with the world through this blog. The only changes I've made is to change the voice from responding to specific allegation to being a narrative. So, here we go. Enjoy!

First, I have always believed as part of my Core Principles that it is humanity’s responsibility to be good stewards of the Earth. I believe we have a duty to ourselves to continue to advance our knowledge and exploit the resources of the Earth for that advancement, but that it must be done in such a way as to impact the ecology as minimally as possible so we can leave a planet for our children and grandchildren that is better than the one into which we were born. I believe that we are overdue for a technology upgrade in how we power our society and that it will take us completely away from fossil fuels, but I also believe that forcing our society into new energy sources before they are proven efficient, reliable, and cost-effective will prove disastrous.

Second, before you conclude that I am doing nothing but parroting the paranoid rhetoric of Alex Jones, you should know I have listened to him exactly once over the last ten years. It was late at night several months ago when I was driving back from San Antonio and needed to listen to something annoying to keep myself awake. Quite frankly, Alex Jones’ position on a particular topic never enters my mind one way or another when I am researching it.

Third, do I believe the climate of the Earth is changing? Yes I do. Is this climate change man-made? No. Even the most pessimistic climate reports (e.g. the UN’s IPCC and former VP Al Gore) have humanity contributing only 11% of the ‘greenhouse gases’ that are being blamed for the change in the planetary climate over the last 150 years. A look at the meteorological records going back to the early 19th century shows that, over the hundred years between 1900 and 2000, the average planetary temperature has risen 0.74 degrees Celsius (approximately 1.33 degrees Fahrenheit). That’s not 0.74 degrees every decade…that’s 0.74 degrees for the entire Century as opposed to the one degree per decade some climate change pundits claim. Not only that, but since the year 2000, the average planetary temperature has actually dropped by 0.11 degrees Celsius.

If humanity did not cause even this minimal increase in the Earth’s average temperature, then what did? Well, to counter the 2,000 scientific experts listed in the UN’s IPCC Report, there are nearly 30,000 experts from many different disciplines (meteorology, climatology, planetology, paleoclimatology, astronomy, and physics just to name a few) who have identified two primary causes:

1) the Earth is at the tail end of the warming period that followed the last ice age. This ‘mini ice age’ ran from the mid-15th century to the mid-19th century and has been identified as one of the principle catalysts for historic events such as the winter-related failure of Napoleon’s invasion of Russia and the Irish potato famine. In fact, archeologists and paleoclimatologists have determined that the average global temperature for 2000 was still cooler that the average global temperature of the year 1000; and

2) Over the last 60 years, solar activity has reached an 8,000 year high. In fact, it can now be demonstrated that the temperature increase in the last century has a more direct correlation with the sun’s irradiant output than with the level of CO2.

To be fair, I will concede that a handful (possibly a couple hundred) of the nearly 30,000 scientists are probably in the employ of ‘Big Oil’. But if you are going to dismiss their findings because of a small sub-group, then, to be intellectually honest, you must dismiss the results of the other side as well since 186 of the 2,000+ scientists listed as contributors of the IPCC report had to threaten to sue the UN to have their names removed because they disagreed with both the methods the IPCC used and the conclusions the IPCC published as ‘settled science’.

Fourth, while the concerns over the state of America’s sovereignty is usually the first concern listed by opponents of the Copenhagen conference, it is actually a summary of all the issues many people have with the draft of the proposed agreement that has been made public.

I have to concede here that I did make a mistake…one that many people have been making. The draft of what President Obama will be asked to sign at Copenhagen next week is not a treaty. Rather, it is a proposed global Accord. The UN committee that authored the accord stated they intentionally did it this way “to avoid the issues that prevented the Kyoto Treaty from being universally implemented.” The reason this distinction is important is that, as what happened with the Kyoto Treaty, Congress would have to ratify any treaty the President signed before it would be implemented by the U.S. With an accord, however, the President can implement it without ever consulting Congress through cabinet-level policy changes and Executive Orders. President Obama (as did the previous two administrations) has clearly demonstrated that he is more than willing to use these tools to get around that pesky Constitution thing.

It has been stated that, “anyone following the debate over signing this treaty should be following the issues of who is required to participate, what sanctions should be imposed, what levels of compliance are practical and attainable and other realistic concerns, not whether we are signing over our government to a world power.” With the exception of fringe elements such as Alex Jones’ followers, that is what most people opposing the accord are doing. These concerns were first brought to my attention when I saw an interview with Lord Christopher Monckton. Lord Monckton is a respected member of the British House of Lords and a self-educated expert on global climate change. As a member of Parliament, he received an advance copy of the accord and proceeded to go through it with a fine-toothed comb. Here are some of the highlights:

• The accord establishes a redistribution of wealth from industrial nations to third-world nations in the name of ‘Reparations of Climate Debt’;
• It establishes an “internationally interlocking bureaucratic entity for the purpose of governing the terms of the accord, collecting up to 2% of the GDP of industrial nations to be redistributed to un- and underdeveloped nations, and to enforce the terms of the accord by whatever means necessary”;
• It establishes a interlocking infrastructure of technical panels with the right to intervene in the economy of any nation, in spite of the laws or government of that nation;
• Defines industrially-generated CO2 as the main cause of Global Climate Change;
• Sets CO2 reduction standards for industrial nations that can only result in the reduction in the standard of living for that nation while having absolutely no effect on Global Climate Change. (When the numbers are crunched, it shows that the standards set by this accord will result in only a 1% reduction in CO2 in approximately 175 years!);

Basically, this accord will have absolutely no impact on the global climate, punishes developed nations for daring to have the audacity to advance humanity, will only serve to establish the framework for a fledgling global bureaucracy structured under Marxist principles, and will waste billions (if not trillions) of dollars that could be better used by the private sector to research, perfect, and implement the new forms of clean energy we desperately need. Remember, most of the scientists the UN are leaning on for the 'settled science' of global warming were screaming that we were about to enter a new ice age only 33 years ago!

Finally, even if this is a treaty and not an accord, President Obama needs to make a statement to the world that he is not a ‘sheeple’ willing to go along with anything just so the World will think nice things about him. He needs to send a clear message that he will only sign on with a plan that will have a positive impact on all the people of the World, and that he honors and respects the Constitution…the document that has brought freedom, opportunity, and prosperity to more people than anything else in the history of the world…and is truly the First Defender of the Constitution. This is why he must not sign the Copenhagen Accord.

While I do believe we need to continue to monitor and study the climate of the Earth, I firmly believe that the minor warming trend we experienced over the last century is part of a natural cycle. I believe that climatology is part of a greater need to study, understand, and protect the entire ecosphere of our planet, and that money currently being wasted on ‘snake oil’ schemes to ‘fix the climate’ would better serve humanity and the Earth by being applied to research in alternative energy, alternative agricultural methods, oceanic research, extra-planetary exploration, and in encouraging ‘positive’ land stewardship habits in people instead of trying to legislate them into submission.

I encourage everyone of you to call the White House switchboard at (202) 456-1414 and politely let President Obama know what we expect of him when he joins the other heads of state in Copenhagen next week.

Best regards....




© James P. Rice 2009