Legislation allowing patients to sue an HMO for damages is a good example. The strongest supporters of this legislation are trial lawyers, who see a potential bonanza in liberalizing HMO lawsuits. Obviously, this legislation would create many new millionaires, funded by rising premiums for healthcare. I believe that all of us need to be accountable for our decisions and actions, but physicians, perhaps more than anybody, know that lawsuits and legislation are poor mechanisms for accomplishing accountability. Another stimulus for legislation is reelection potential.
Some legislators tend to rank votes above ethics when making decisions.
They need to appear to be addressing serious weaknesses in our economy or society to be reelected and so seem to create a cause if one is not readily apparent. Many lawmakers have been delighted by the unrest in the healthcare system, which was created more by the tabloids than by the HMOs. Trial by anecdote is easy and generates passionate feelings. Healthcare issues provide reelection fodder that is opposed by very few and often wins many votes. It is interesting to note, however, that according to the American Association of Health Plans, the majority of recent campaign candidates who made HMO bashing a core part of their platforms were defeated at the polls.