Skip to main content

View Diary: Medical Error, Liability, and Murtha (322 comments)

Comment Preferences

  •  I support tort reform (4+ / 0-)

    But real reform such as you suggest, not meat-axe caps on awards. Caps just say that the proponents don't believe that real malpractice exists.

    •  That's very well put... (1+ / 0-)
      Recommended by:
      Dave925

      I hadn't thought of it that way:

      the proponents don't believe that real malpractice exists

      •  What is needed (1+ / 0-)
        Recommended by:
        Anthony Segredo

        For good medical care, we need good idea of CAMP, checklists + apologies

        CAMP: Commonly accepted medical practice (I just made that up).  That is, given the diagnosis of sepsis, what should be done, and did you do it?

        Checklists: Implementing CAMP to ensure that they are done.  A recent study showed that checklists are helpful (I haven't read it yet).

        Apologies: When a bad thing happens, you can pull a Toyota, or you can apologize.  If you apologize and make it right, often people are satisfied.  If you don't, you get sued.

        As a physician, you know that you, the physician, have limited abilities to fix things.  Some diseases are not curable.  Some babies are horribly damaged because they had bad genes or because the mom did dumb stuff.  Physicians, like teachers, have only part of the puzzle.

    •  no, it says we want to kill off the opportunity (0+ / 0-)

      for an injured person. Any injured person.

      How many services do you know where the professional MUST give his services with no assurance of being paid, and even having to lay out his own or borrowed money to fund the injured parties' expenses.

      Then when he gets the agreed upon chunk of a big judgment he is vilified. But without that chunk he can't possibly take the little cases that won't pay for themselves.

      Like this little old lady who was badly burned by a substance that was unreasonably dangerous. (Other companies' products were served at 50° less. The company had had over 700 complaints about burns.)

      He made an offer to settle the night before court for $28,000 which was the exact amount of her medical bills. It wasn't ever mentioned that he wasn't going to get a cent although he had done over 1000 hours work as well as staff work for which he paid. He had to make numerous court appearance and file dozens of pleading because the other side was stonewalling.

      He could not, and would not have been able to take that case if he didn't have money in the bank from other cases.

      Rule 11 of the rules of Civil procedure allows any defendant to ask for sanctions for frivolous suits or actions. It can be brought up at any time.

      Sanctions can range from having their case dismissed, having to pay the opposing parties attorney's fees in total or in part, fines, reference to licensing boards. . . .

      So there IS a remedy for frivolous actions. The Luntz tern is junk lawsuits. The argument that "tort reform" will hep prevent junk suits is simply propaganda.  

      We are in a time where it is risky NOT to change. Barack Obama 7-30-08

      by samddobermann on Thu Feb 11, 2010 at 11:10:29 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site