PTL - it has a ring to it. Look, these guys get 40% of the judgement amount. Maybe that needs to be capped. These are wasted medical care dollars. As is, the medical community has a lot of wasteful CYA paperwork and tests.
The problem is that often the juries award huge amounts, out of proportion to actual damages, that the HMO subscribers wind up eventually paying. If this was Sears or General Electric, I would agree with you 100%. But a relationship you have with an HMO, especially if your employer doesn't give you a choice, may be different. To a degree they're in the boat with you. We need better ways to make them act responsibly.
How about a death penalty for the individual(s) responsible for a any policy or practice that results in the avoidable death of a patient. And, similar proportionate jail time penalties for medical injuries. Of course, damages would still have to be paid for.