Heard a great question today:
If a government plan (and insurance seems to be moving more this way too) starts restricting tests and procedures more then there will be more missed diagnoses and likely more bad outcomes. Who will be liable, under the current system, for misdiagnoses and bad outcomes. Answer: Doctors and hospitals. This is not fair. If the gov plan (or insurance companies) are allowed to increasingly deny diagnostic or therapeutic procedures we must put in language that the doctor is not to be liable.
Howard Dean gave the most honest (and appauling) answer as to what this healthcare bill did not include measures to reduce the # of frivelous lawsuits and some kind of broad tort reform. His answer: the bill already has enough critics, we could not take on the trial lawyers. It would have killed the bill. So, the democrats, who receive tons of campaign $ from trial lawyer associations, are unwilling to address this issue because of politics.