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View Diary: Michigan doctor arrested for purposely misdiagnosing cancer (299 comments)

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  •  But if the jurisdiction had "tort (3+ / 0-)
    Recommended by:
    trumpeter, Cassandra Waites, gsbadj

    reform" they are SOL.

    That's why tort reform is so bad for patients and so good for evil and just sloppy doctors.

    I'm asking you to believe. Not in my ability to bring about real change in Washington ... *I'm asking you to believe in yours.* Barack Obama

    by samddobermann on Thu Aug 08, 2013 at 05:19:56 AM PDT

    [ Parent ]

    •  Pure Michigan (1+ / 0-)
      Recommended by:
      Eyesbright

      Of course, Michigan has "tort reform." Would you expect anything less from the same people that gave us right-to-work?

      The state’s original reforms, enacted in 1994, included a certificate of merit for all complaints and a $280,000 noneconomic damages cap, among other rules. However, since then, the statutes underwent various interpretations by the courts, and certain loopholes were introduced, Ford said. For example, jury award calculations that included future damages were improperly weighted toward plaintiffs, he said.

      The 2013 law requires a fairer formula for calculating future damages, Ford said. The reforms also limit the time frame a party can sue on behalf of a deceased patient and bans prejudgment interest and attorney fees incurred before a judgment is issued. In addition, the law clarifies that loss of household, companionship and consortium are considered noneconomic damages and subject to the state’s liability cap.

      “The passage of this legislation is a tremendous win for Michigan’s physicians, as it mitigates the need to practice defensive medicine,” said Richard E. Anderson, MD, chair and CEO of The Doctors Company. The Doctors Company, a physician-owned liability insurer in Napa, Calif., advocated for the Michigan reform package.

      http://www.amednews.com/...

      "Unseen, in the background, Fate was quietly slipping the lead into the boxing glove." P.G. Wodehouse

      by gsbadj on Thu Aug 08, 2013 at 01:06:01 PM PDT

      [ Parent ]

      •  And not one penny (0+ / 0-)

        will be saved by patients because of this "reform".

        "A lie is not the other side of a story; it's just a lie."

        by happy camper on Fri Aug 09, 2013 at 09:01:49 AM PDT

        [ Parent ]

      •  it mitigates the need to practice (0+ / 0-)

        good and careful medicine. Be sloppy, make simple mistakes, and you are very likely to get away with it especially if the patient dies.

        I'm asking you to believe. Not in my ability to bring about real change in Washington ... *I'm asking you to believe in yours.* Barack Obama

        by samddobermann on Sun Aug 18, 2013 at 05:02:04 AM PDT

        [ Parent ]

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