Comments on: Welcome to our little corner of hell

By: dx

dx — Mon, 09 Feb 2009 20:25:20 +0000

Hi Janice,

I agree with you – I think there’s need for reform. The tort system is partly the way it is because doctors and other providers haven’t developed a better way to deal with malpractice within their profession. So there’s a lot of room for reform – but that reform can’t come at the expense of patients who have been injured by malpractice. Most of the plans for tort reform do exactly that. I have a couple posts that talk a little more about the problem here and

I’m sorry to hear you’ve suffered under the current system. I hope you found at least a measure of redress for your injury.

By: Janice Scully

Janice Scully — Mon, 09 Feb 2009 01:05:55 +0000

I think the system created to help injured patient from true negligence and incompetence is dysfunctional. There are too many good doctors prosecuted and too few patients with legitimate injuries finding redress, even if that is an honest apology. The tort system is a way for lawyers to make a good living. It suits them.

One of the the most frustrating things I encountered after my injury is that no one would, not even doctors I knew would talk to me. Also, “experts” who are paid to say whether there was a breach of the standard of care are not required to prove their statement. It can be said that a proceedure or a drug is standard of care even if no one in the USA used it, if you are an “expert”. Experts are very powerful people in our malpractice tort system.

By: dx

dx — Tue, 18 Nov 2008 17:44:31 +0000

Kevin – we are indeed on the same side. Unfortunately, a lot of your peers – heck, a lot of people – seem to think fixing liability is simple as capping damages. Almost every time I post about tort reform, I get comments arguing it’s the best, only way to fix health care.

I think if the medical community could refocus the liability debate on preventing mistakes and really helping patients who do suffer mistakes – rather than blaming lawyers – we could make a lot more progress on the issue. I don’t like the system any more than you do, but it’s the only defense patients have at the moment.

By: Kevin

Kevin — Tue, 18 Nov 2008 17:06:20 +0000

Duncan,
You rail against tort reform, but they are not all solutions created equal.

The current system does not compensate patients equitably or fairly, since administrative and lawyer fees eat up a significant amount of any judgment, and cases get tied up in courts for years: “For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs.”
http://content.nejm.org/cgi/content/short/354/19/2024

Patients like yourself and doctors would benefit from a no-fault malpractice system. Medical errors would be paid fairly and quickly. Doctors will cease to practice defensive medicine.

Notice I did not mention anything about caps on non-economic damages here. I do not support that solution.

We’re on the same side here.

Kevin