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In the discussion thread: The slaughter of innocents. [View all]

Response to MedicalAdmin (Original post)

Tue Feb 7, 2012, 12:11 AM

180. Deeply saddened by your story and wish that I could do something.


I also worked in various countries and had doctors from various countries on our staff. Almost all of the doctors were politically conservative however none of them understood the American stance on access to health care and thought it was immoral.

There is a simple legal remedy that would solve most of the problems like yours.

let me repeat that

There is a simple legal remedy that would solve most of the problems like yours.


Recently my daughter was hit by a driver and her head hit the window sideways. She didn't appear to have a serious injury but with constant headaches the doctor felt an MRI was called for.

The other guy was clearly at fault and supported by the police report from the scene, they never contested their responsibility.

When we went to the MRI facility they would not perform the procedure with a 'lien' (meaning they would get paid first from a settlement). With two brothers who are lawyers I had a referral for an attorney in 5 minutes. He took the case. He told us that the settlement would be within $ 15,000 and $ 19,000. Six months later my daughter settled for $ 18,000 and got about $ 9,000 in her pocket.

What most people dont understand is that decades ago there used to be a law regarding 'frivolous denial of claim'.

What is a frivolous denial of a claim

Simply put it is whenever a jury decides that an insurance company has delayed making a reasonable offer withing 4 months of a claim.

If they are found guilty then all of the reasonable claims, as determined by the jury, are quadrupled as a penalty to the insurance company.

Decades ago insurance adjusters raced to get claims solved so that they wouldn't have to pay a 4X of the original cost. If the insurance company thought that they were right they would hold off and fight it in court, and the opposing attorney got nothing.

It was very self regulating.

In your instance the two insurance companies wouldn't have worried about getting hung with the cost of your care but 4 times the cost of your care. The bigger the claim the greater the pressure on the insurance companies to settle.

Also it makes it easier for doctors and clinics to take claimants on the basis of a lien because if the lawsuit is decided by the jury in favor of the plaintiff then those providing services would be paid 4 times their fee.




This doesn't require an elaborate change in the health care industry.

In fact it could be done state by state.

But the people would have to turn off the TV and give a damn and demand change.

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