Did you know that it has been estimated that legal expenses incurred by the medical community add up to 33% to our healthcare bills and thus our insurance premiums?

It is time to get lawyers out of our doctors’ offices and hospitals!

This is NOT to insinuate that the medical profession does not require oversight ... it certainly does, but the current system inordinately rewards the lawyers, insidiously inserts significant non-medical expenses into the cost of doing business and does not provide either an efficient or reliable way to ensure the best quality care for the patients.

There are several remedies which would be very helpful to the average American...but deleterious to the financial interests of the legal profession:

Tort Reform: Establish a cap for lawyers’ fees and direct more of each settlement to those who actually suffered. Develop national oversight of class action suits to insure there is a standard for lawyers’ fees established and that an appropriate amount of the settlement goes to the “victims” rather than the “rain makers.”

Establish Malpractice Standards: Direct the AMA or other suitable organization to establish national standards for what is to be considered acceptable medical practice...or best practice...and anything falling within those guidelines cannot legally be considered malpractice, regardless of medical outcomes.

Medical Courts: The constitution states American citizens are entitled to a trial by a jury of their peers. In practice most juries impaneled across the country to try medical suits are NOT juries made-up of peers of the defendant. Even well-educated members of the defendant’s community are not qualified to render judgment on the technical and often complicated issues at stake, leaving the defendant at the mercy of the prosecutors’ oratorical skills and diminishing the value of the scientific evidence most likely to allow the defendant to prevail. Just verdicts in these cases should be resolved by facts in evidence...not emotions. We should establish a court system designed to adjudicate these cases while giving the defendant their constitutional right to a jury of peers.

In order to restore fiscal sanity to our healthcare delivery system rather than insisting on a purely free market solution...or...a government run solution, we should embark on an effort to allow the free market system to work with appropriate government safeguards in place to ensure efficient and effective healthcare delivery to the maximum number of citizens possible.

Capt. Jim Kinney, USN retired, is a decorated Navy career officer who has extensive experience in Washington D.C. along with political experience on the Huckabee for President campaign. He can be reached at captain5772@gmail.com.

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