1. Perfection is not now and has never been the standard of care. You can be an absolute disaster in your treatment but if there is no adverse outcome causing damages there is no malpractice case. What’s more, PHYSICIANS set the standard of care, and in no state is that standard “perfection”. Lawyers turn down hundreds of med mal cases, and juries don’t expect perfection either.

2. You’re right physicians do wonderful things. But be honest, you’ve seen cases of malpractice among your colleagues, and you’ve never said a word to anyone, especially the victim. There’s lawyers I wouldn’t hire, and there are doctors you wouldn’t let treat your family. But you wouldn’t tell the public that.

3. Tort reform is a law – how does that benefit lawyers? Medical malpractice is a common law action that predates the founding of this country. All the laws that have been enacted by legislatures relating to med mal have mostly been favorable to physicians. Stop being silly and learn the facts before you make a diagnosis.

“If they aren’t reported to the NPDB, they’ll probably be swept under the carpet or subject to confidentiality clauses.”

If there is a no fault deal as part of national healthcare, the government will keep track as it will be paying the bills. You know that.

“Actually, quite a bit. You just don’t know the name under which I’m doing it.”

Why would you want to keep legislation you’re working on a secret? If you believe in it, why hide it? Doesn’t make much sense. If you want to discuss the merits of a workers comp style system, by all means lets do so. Let’s start with cost.

“So are you actively campaigning to establish trial by jury for tax courts and admiralty courts now?”

You need to read the amendment in question. It refers to suits at common law. Both of those you cite are purely statutory creations not subject to that Amendment, ie. there is no common law basis for them. Although with tax courts I’m not sure what you’re referring to because if you’re charged with a crime for federal tax violations you get a jury.

I’m not shaking it in your face – it’s a fact that I’m sharing with you. Again, I didn’t write it, so I don’t know why you’re upset with me about it. Perhaps you’d be better served to consider WHY the Founders thought it was so important that it was referred to as one of the reasons for the Declaration of Independence and then enshrined in the Bill of Rights.

“Do you think a bunch of bad outcomes that get paid regardless of fault won’t affect you as much?”
Depends. If they aren’t reported to the NPDB, they’ll probably be swept under the carpet or subject to confidentiality clauses.

“So what have YOU done, besides accuse other people of not doing enough?”
Actually, quite a bit. You just don’t know the name under which I’m doing it.

“I’m sorry you don’t like the Constitution – I’m not the one who guaranteed the right to trial by jury. For some crazy reason, people with experience in that sort of thing thought it was a good idea!”
So are you actively campaigning to establish trial by jury for tax courts and admiralty courts now? Neither of those court systems has a trial by jury. Or do you only shake the Constitution in people’s faces for issues that financially benefit you?

My response assumes no such thing – in fact I explicitly said “commits malpractice” not “when a bad thing happens”.

“What about the National Practitioner Data Bank to which all malpractice payouts get reported.”

What about it? Is that justification for then NOT owning up to your mistakes and paying for the harm you cause? And it’s nothing like attorneys getting sanctioned for each case they lose. It’s like attorneys getting sanctioned for each case they lose AS A RESULT OF MALPRACTICE. How many physicians have been prevented from getting jobs as a result of unjustified listings on the NPDB. Surely you know if you’re citing this as this horrible sanction.

“If you want a system where everyone gets fair compensation, lets go to the workers compensation model. Quick and reliable payouts for injuries that occur. No exorbitant legal fees.”

You want to blame the lack of this being enacted on plaintiff’s attorneys? Really? Can you point me to where any physicians have proposed legislation for this? Or any insurers? How about you – where is the proposal that you’re backing for this change? You do understand that Workers Comp is no-fault, right? You get injured on the job, you get paid (you personally have no idea whether the amounts are fair, but whatever). Do you think a bunch of bad outcomes that get paid regardless of fault won’t affect you as much as the NPDB listings where at least you have the chance to defend yourself that it wasn’t malpractice?

You’re casting about for reasons to blame other people, but if you want workers comp style no-fault payments for all bad outcomes, you need to act on it. So what have YOU done, besides accuse other people of not doing enough? Personally, I think that will be part of a nationalized health care system, but that’s just me.

I’m sorry you don’t like the Constitution – I’m not the one who guaranteed the right to trial by jury. For some crazy reason, people with experience in that sort of thing thought it was a good idea!

Hey, if you don’t want lawyers to make money in malpractice, here’s an idea: When you or one of your colleagues commits malpractice, admit it. Step up, figure out what it’s going to cost this person to pay their medical bills, their lost income, and a number based on their lost quality of life, and you pay it. Or make your insurer pay it. It’s that simple.

What’s that? You can’t? Won’t? Then quit whining because someone has to help a victim of malpractice make you.

Among them are the trial lawyers whose advertising budgets are reckoned in the millions of dollars.

Go Matt!