Well written article by Deane Waldman in HuffPo on why the lottery mentality should have no place in medical malpractice cases.
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on Sunday, May 31st, 2009 at 5:31 am and is filed under Medical-Legal.
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People are litigious no doubt and want to find fault. But in my experience patients and families that have good relationships with their docs and nurses tend to be more forgiving when an adverse outcome occurs if they’re are kept well-informed. I literally have taken verbal orders to obtain consent for a procedure and found that the patient or family have had very little conversation with the doc or just had some pamphlet thrown at them. They’re in an intimidating enviroment and most will not be proactive because they don’t even know the questions to ask.
Some people want the golden ticket and you can’t do anything about that..others are just angry because they feel dismissed or unimportant.
Of course, who has time to actually sit at the bedside and talk to the paitient anymore with the mandated paperwork that acts like rabbits actively engaging in procreation.
Admit it: that was painful for even you to read.
And, once again, we have a “reformer” who puts forth no ideas whatsoever on how to “reform” the system, just a vague complaint again a problem he extrapolated from part of an ad online.
I could just as well read a “top doc” ad (I saw one on TV just today) and extrapolate how the focus should be on patients, how doctors are greedy and obsessed with fame, and blah, blah, blah.
Your profession really needs some better ambassadors. I don’t read your posts and think to myself, “are these his draft notes?”
Why exactly do people think surgery is risk free? Driving is known to vary risk but showing up in a hospital at death’s door is supposed to be an enjoyable, risk-free activity.
Half of what we do in health care is manage people’s unreasonable expectations – what do you mean diabetics with hypertension who smoke coccaine might have a heart attack and actually die??!!
There are bad/incompetent doctors that should lose their licences as a result of malpractice. That said, I surmise many malpractice suits are brought due to bad outcomes that are not the fault of the care given by the physician. .
Perhaps, as Max Kennedy said, “[the medical] profession needs some better ambassadors”. Perhaps the same might be said regarding some members of his profession.
Perhaps, pts/their families need better education WRT risk. S*it happens – risk is part of normal, everyday life. We’ve all seen relative risk statistics, such as the risk of injuring yourself taking a bath/shower vs dying in an airplane crash. No physician I have ever seen for any reason has ever guaranteed that (whatever treatment) would permanently fix (whatever condition) risk-free.
WRT midwest woman’s remarks on knowing the right questions to ask – AHRQ has this on their website, Maybe that should be provided to pts/families.
Perhaps medical malpractice should be taken care of in a manner similar to workers comp cases or the Vaccine Court. How can a doctor get a ‘jury of one’s peers’?
The lottery mentality does not apply to physicians alone – check out Second City Cop sometime for the law enforcement profession’s view on the subject.
“And the winning lottery number is…not yours. “.
“There are bad/incompetent doctors that should lose their licences as a result of malpractice.”
But they don’t in many cases. They simply move to the next state, or they get a slap on the wrist, and even the ones with multiple judgments who are uninsurable still practice.
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