Obamacare: Doctors are toast

Although this might be a bit late, I thought it may still be a good idea to present the following “public service announcement” to the American Medical Association.  I do this because their endorsement of the Pelosi version of Obamacare was probably done in haste without a full opportunity to read the bill.  Rather than repeat that mistake with the as yet to be released Reid version of Obamacare, perhaps some doctor…anywhere will read what follows.

Section 2401 (beginning at page 1322) of Pelosi’s Obamacare creates a Center for Quality Improvement under the leadership of the Director of the Agency for Healthcare Research and Quality.  It’s mission, among other things, is to develop and implement best practices for quality improvement activities in delivery of health care services.

However, Section 261 (beginning at page 149) provides that:

the development, recognition or implementation of any guideline or other standard [by the Director of the Agency for Healthcare Research and Quality] shall not be construed to establish the standard of care owed by health care providers to their patients in any malpractice action or claim.[emphasis supplied]

Got that AMA?

This would be like the Mayor of the town of Podunk (i.e., Congress) telling the Town Council (i.e., the  Director of the Agency for Healthcare Research) that it has the power to set speed limits (i.e., best practices) in the town.  But, at the same time telling the citizens (i.e., the doctors) of Podunk that if they follow the speed limits set by the council it will not be a defense if they receive a speeding ticket.

Not only is Congress intent upon preserving the law of unintended consequences, it is also intent upon preserving the law of absurd results.

I did a post earlier this year entitled “The elephant in the room…tort reform”.  After reading Pelosi’s version of Obamacare, I can say with confidence that not only is the elephant still in the room, it’s getting bigger.

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The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.


  1. Dimsdale on November 13, 2009 at 5:17 am

    Funny, I would have thought that the Democrat controlled Congress would  have first priority on a "Center for Quality Improvement".   Forget best practices: just a simple understanding of the Constitution and the intent of the forefathers would be enough!


    I keep wondering what the "leadership" of the AMA got when their palms were greased by Obambi.   We know what the AARP is getting……

  2. human being on November 16, 2009 at 6:57 pm


    this is a free clinic in new orleans please read dont think of the politics think of the people. Look up any free clinic on google. people are showing up a free clinics over night before the clinics just to get a chance at care. This is America

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