Study: Tort Reform May Not Curb Defensive Medicine or Fear of Suits

December 20, 2010

  • December 20, 2010 at 2:44 am
    P.K. says:
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    We have an upward spiraling medical crisis in this country that is exacerbated
    by doctors being forced to “cover their _ss” through “defensive treatment” for fear of getting sued. Lawyers are destroying this country. The percentage of legitimate “malpractice” claims is extremely small. Read the requirements of “malpractice”. Most claims don’t meet them.

    Personal Injury attorneys are blood suckers who sit around and wait for something to happen, then they do everything they can to exploit the situation so they can take a cut of settlement money. Wake up people.

  • December 20, 2010 at 6:49 am
    Calif ExPat says:
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    No one likes to be called a negligent,incompetent,idiot and then be publicly pilloried into the bargain – so – Docs will continue to do what they do in order to avoid that experience.

    I have handled many and many a so called Med Mal claim and agree with PK that only a small minority are based on a true deviation from the standard of care. Most are unwanted outcome, patient non-compliance or just plain ‘mis-truthing’.

    One way we could actually lower med costs and get the Docs to buy in would be to arrange for automatic payment of long term care costs on a no fault basis which is what drives most gork kid cases and catastrophic outcome cases. Reduces the specials to a deminimus amount and leaches out most of the drama.

    Another area ripe for reform seems to me to be puni’s – either eliminate them entirely or have any awarded paid into the State’s Medicaid program – this is where almost all of these cases come from anyway.

    Ah yes, attorney’s fees – capped, scheduled and maybe even set at an hourly rate. No contingency fees mean no crap cases.

    Prior to 1970 in the country MedMal cases where nearly unheard of – no Doc would testify against another and the available technology did not support the heroic measures which have since become available.We do not live there anymore and we will not see any real solution to this public health challenge until we can insulate the Docs from public humiliation and bleed the possibility of a litigation lottery win out of these cases



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