Posted on January 28, 2010.
What do you think of the medical malpractice crisis? What do you think the solution is? Doctors premiums are exorbitant rates for malpractice insurance. Some say it's because of the increase in frivolous lawsuits and other insurers that have invested poorly. Some doctors work without insuracne and others are more efficient at high risk of surguries that can save your life. Do you think the patient - what to do?
My opinion - the easiest, fastest solution would be taken punititve EXEMPT damages contingencies attorny.
Physicians should not be at fault, especially obstetritions. From personal experience with Med claims wrong, the nightmare is still a dead baby. Juries always find cons with the doctor a dead baby, regardless of fault. Insurance companies do not even try to fight against these claims, they just offer the policy limits, because a jury always side against the doctor.
I sit on a board of one of the largest health Co in the country, and thoughts are as follows:
1. Private doctors as we know it today did not exist in 10 years.
2. API and / or medical groups will be left
3. Private doctors who are in business will be "the exclusive or what is known as VIP Docs" these docs will be charged (like a country club) members per year for customers who want personalized.
Final: The private doctor down the block will be / have been out of business, the future (if nothing changes) points for medical groups and control costs through capitation models. Think of a doctors office as a small motel in a posh resort, and a large beautiful 5 star hotel next to it, eventually the little guy survive?
If frivolous and baseless they are never heard in court and made right, that could eliminate much of the problem.
Percentage of premiums paid under arrest has not changed in 30 years.
frivolous lawsuits are inappropriate, but not the source of the problem.
Clearly, any solution requires an audit of these companies to determine where the money goes.
The lawyers are going to hate everything that is proposed. That said ...
I do not like what you do in life, you made a mistake. I make mistakes all the time. The difference is, when I make a mistake on the job, the client may end up with an additional seam in their carpet, when a doctor makes a mistake someone could die.
I think that misconduct must be the deciding factor. If a physician in good faith and adequate knowledge of a procedure that goes wrong then they should be free to be pursued. If, however, the doctor showed any gross negligence (hung over during the procedure, rushing, or incompetence), then they must be nailed.
I had my left parotid gland removed. Before surgery I was given a list of at least 100 things that can go wrong. I had surgery and none of these things have gone wrong. But I lost all feeling in my left ear. When I asked the doctor about this, he said that the tumor was larger than previously thought and had to "sacrifice" the nerve to get the whole tumor. Everyone said "sue !"... I did not. The doctor used his best judgments, destroys the nerve, and removed the tumor ... he did what he could and showed no gross negligence.
Finally, for a real change taking place, the public must leave their mentality Sue-happy, personal responsibility must return.