ThomasT said:
both very good articles thankyou giving different sides of the issue.
The first article is not giving the whole story about republicans wanting to cap injury to $250,000 dollars.
A victim can still get unlimited amounts for loss of wages. So if you are an artist who makes millions selling masterpieces per year and lose use of your painting arm
then you are entitled to millions and millions of malpractice settlement for lost wages but your entitlement to " emotional pain and suffering" is to be capped at $250,000. I don't agree with the republicans on this because the emotional suffering of say losing an infant is beyond any measure of money we can subsribe.
However, their reasoning is that this will limit frivolous lawsuits where no real harm or death happened but people can say they were emotionally traumatised. I use a real case where a woman sued a dermatologist for leaving a scar on their shoulder blade after excising a melanoma because it caused undo cosmetic pain and suffering . ( This is an actual case that went to court even though the patient signed consent stated she realized excision of a melanoma may leave a scar).
What exactly does 'tort reform', wrt medical malpractice suits, entail?
Many physicians feel there should be a health court set system set up with judges and lawyers who are experts on medical field, much like you have traffic court, immigration court etc.
This court would review cases and decide what was frivolous and what were true negligance. They could decide what goes to court.
Our current system right now bogs down the court system with too many frivolous malpractice suits and allows true negligence to sometimes go unpunished. which the article correctly surmises.
For instance, I got dragged into a lawsuit where 8 weeks before a woman died I treated her for an allergic reaction to sulfa. ( had hives and wheezing). She died 8 weeks later due to complications of back surgery. The lawyers threw out a net to grab every doctor involved in her care ( wether we contributed to her death or not .) I spent $70,000 in legal fees extracting myself from the case. $70,000 to prove to the lawyers I was completely innocent of any complications suffered by her back surgery she had done
2 weeks after seeing me! Now a health court would have thrown my involvement right out from the get go.
As for reducing medical errors, I think the democrats are right to pursue that. I invested in a $150,000 electronic medical records system that warns me of drug interactions, when the person is due for a pap, prescriptions electronically etc. I also pay 15,000 a year for IT support, updates etc. However, a pediatrician in South Georgia who sees 90 percent medicaid and a take home salary of $58,000 or less can't afford such a high overhead investment. The democrats have not devised a solution to help that pediatrician obtain electronic medical records and embark on an important step in reducing medical errors.