Healthcare Reform and Tort Reform

In previous posts I have suggested that there be a National Wellness Agency and a web of diverse Community Clinics partly managed by the National Wellness Agency  which should play the major role in the new reformed healthcare era. I have suggested a patchwork of small dedicated contributions and credits to fund and support this system. All of this has been basicaly related to how to manage the system when it went well. Now when things fo wrong it takes more words and rules to discuss how to resolve these problems than to lay out the scheme of how things ought to work. So while I presumed to use a dozen principles to change everything in terms of laying out the new scheme I will allow myself twelve principles just for dealing with legal conflicts which arise. I propose a DOZEN LEGAL PRINCIPLES FOR THE NEW REGIME:

1. All malpractice policies and automobile liability policies and any other policies which insure against tort liability must cover any activity generaly or usualy  covered when it is performed by a Community Clinic or the National Wellness Agency or in collaboration with them.

2. All users of the Community Clinics will sign a liabilty waiver when using the program and will be limited to the maximum level of benefits on a set program of awards and benefits unless a plaintiff can show intentional tort or criminal malfeisance.

3. Workers Compensation Programs which assist in administering this liability program will qualify for discounts and special services as investors in the clinic system.

4. The National Wellness Agency shall have standing to defend any claim against a licensed Community Clinic. 

5. All law students receiving federal grants and loans will be required to contribute one day for every thousand dollars in loans and five days for every thousand dollars in grants after the end of their second year and before begining a regular practice to the National Wellness Agency.  These students will assist in malpractice defense. They shall also assist the NWA in suing those who create a narrowly defined new federal Threat to Public Health. A sizable portion of the funds collected in each of these cases shall go into two dedicated funds. One shall be used to compensate those injured and the other to assist in all aspects of liability management including defense of malpractice.

6. All liability insurers for companies where the NWA maintains a wellness support program must contribute half of one percent of all premiums collected to the total liability management fund of the National Wellness Agency.

7. The National Wellness Agency shall assist in the development of safety standards and seminars for all Community Clinics.

8.  Emergency Rooms and Ambulances shall have National Wellness Agency liaison subagency that interacts them in providing quick emergency support to clinics and using clinics to better mange crises.

9. The NWA will have as part of its mission to increase the effectiveness of its partners in providing safe low level health sevices as school nurses, fitness trainers and others who enhance health outside of sickcare.

10. The US military will have protocols for crisis management support with the NWA and clinics so that hospitals and other providers will not be as quickly overwhelmed by crises which arise in cities and regions. This will be secondary to their purely military missions but still mandated.

11. Hospitals shall be required to acknowledge and not undermine the work of those providing a less defensive standard of care in the Community Clinics than is to be the standard in hospitals and other institutions.

12.   All medical records of community clinics are to be capable of transmission to all other clinics through the NWA to minimize errors and risk.

Through matching these principles to other principles we should not only make the risk manageable in the new regimes we would create. We would also reduce health risk and create a better set of conditions throughout society as a whole.

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