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Gogirlgo
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 Posted: 12/06/04 - 10:38 Post subject:
I think any discussion about this needs to include the insurers as well as the lawyers and the doctors.
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Gogirlgo
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Posted: 12/06/04 - 10:39 Post subject:
Why is my response that came after MED's above Cheryl's? Kookookajoob.
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Gogirlgo
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Posted: 12/06/04 - 10:39 Post subject:
Why is my response that came after MED's above Cheryl's? Kookookajoob.
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runaroundsue
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Posted: 12/06/04 - 11:30 Post subject:
| Gogirlgo wrote: | | I think any discussion about this needs to include the insurers as well as the lawyers and the doctors. |
most definitely.......make it a 3 ring circus  .
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cherylpf
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Posted: 12/06/04 - 12:32 Post subject: Tort Reform
Just finished up a paper on this topic and was curious the stances of you RF-ers. I thought I knew about this topic until I did research. Very interesting stuff out there on this topic.
What say you? Is tort reform reform or politics? Reform or deform?
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cherylpf
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Posted: 12/06/04 - 12:42 Post subject:
MED put "tort reform" into any search engine, you'll be bombarded with info. In short, it is the movement's goal is to limit excessive and frivolous lawsuits. It is believed that exhorbitant jury rewards (sought by greedy plaintiff trial lawyers) ratchet up prices of goods for everyone, particularly insurance. It is also believed this is the reason many doctors are leaving rural areas: fear of malpractice suits, and malpractice insurance rates soaring makes their practices impossible to stay afloat. This is what the movement says.
GGG I think the time wackout is what is happening here...I think it will be in the right order going forward.
Last edited by cherylpf on 12/06/04 - 12:50; edited 1 time in total
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cherylpf
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Posted: 12/06/04 - 12:44 Post subject:
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copteacher
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Posted: 12/06/04 - 12:47 Post subject:
the problem is three fold as said before, lawyers docs and insurance companies.
Docs do not police themselves well enough, lawyers get other docs to turn and play for the offense instead of defense, and insurance companies are content letting the docs and lawyers take the hits publicly.
When malpractice insurance companies have high salaried employees at all levels, they need to be looked at too.
It is very complicated. I am not sure what the answer is. Can't throw it out all together because mistakes are made, but there are too many abuses of the system by greedy lawyers.
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MechEngDropout
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Posted: 12/06/04 - 13:23 Post subject:
I don't know what that is. Do you have a link?
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runaroundsue
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Posted: 12/06/04 - 18:56 Post subject:
| rtpd113 wrote: | the problem is three fold as said before, lawyers docs and insurance companies.
Docs do not police themselves well enough, lawyers get other docs to turn and play for the offense instead of defense, and insurance companies are content letting the docs and lawyers take the hits publicly.
When malpractice insurance companies have high salaried employees at all levels, they need to be looked at too.
It is very complicated. I am not sure what the answer is. Can't throw it out all together because mistakes are made, but there are too many abuses of the system by greedy lawyers. |
I agree with everything.....except I have one honest question? Why do we "expect" doctors to police themselves??? what other occupation does? Besides the fact that a doctor passing on information on a "bad" doc in itself sets themselves up for lawsuit just the same as an employer passing information on a former "bad" employee.
Years ago in the insurance industry there was a system that was hush-hush about policing physicians. We gave out a code without any type of info attached to it and it was only given to other physicians. It was a red light, but sorry, do your on detective work. Once lawsuits were being dealt to previous employers giving unattractive recommendations, the insurance industry cleared it's hands of any type of monitering except billing practices.
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cherylpf
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Posted: 12/06/04 - 22:35 Post subject:
| rtpd113 wrote: | | but there are too many abuses of the system by greedy lawyers. |
Can you elaborate on 'abuses of the system'? I don't know what you mean.
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copteacher
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Posted: 12/07/04 - 00:56 Post subject:
| cherylpf wrote: |
Can you elaborate on 'abuses of the system'? I don't know what you mean. |
lawyers around here judge shop because they know certian locales (i.e. phila vs. surrounding counties) because the jury awards are higher. Filing frivilous cases that clog the system, etc
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cherylpf
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Posted: 12/07/04 - 10:35 Post subject:
Food for thought from the Center for Justice and Democracy,a consumer advocacy group (as reported in the New York Times) "It may be hard to understand why 'tort reform' is even on the national agenda at a time when insurance industry profits are booming, tort filings are declining, only 2 percent of injured people sue for compensation, punitive damages are rarely awarded, liability insurance costs for businesses are minuscule, medical malpractice insurance and claims are both less than 1 percent of all health care costs in America, and premium-gouging underwriting practices of the insurance industry have been widely exposed."
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runaroundsue
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Posted: 12/07/04 - 10:40 Post subject:
| cherylpf wrote: |
Can you elaborate on 'abuses of the system'? I don't know what you mean. |
Family awarded $17.4 million in medical malpractice lawsuit
(Published Friday, October 22, 2004 10:10:17 AM CDT)
Associated Press
MILWAUKEE - The family of a high-school athlete who died in 1998 after 89 operations has been awarded $17.4 million in a medical malpractice lawsuit.
Interest added to the amount because the Milwaukee County Circuit Court jury's award issued Thursday was higher than a 2000 settlement offer will push the total owed to Sarah Hegarty's family to $26 million, according to its attorney, Bill Cannon.
The malpractice suit contended her painful ordeal and death were the fault of doctors at Children's Hospital of Wisconsin in Wauwatosa for misdiagnosing her intestinal problems and giving her inadequate care that led to complications.
She had a twist in her small intestine and, because it wasn't treated in time, the blood supply to her small intestine was shut off, and the organ withered inside her, Cannon said.
The jury found the emergency-room doctor, Ernest Stremski, liable for one-quarter of the damages and a resident doctor at the hospital, Angela Beauchaine, liable for the rest.
The total includes $3.2 million in medical and burial expenses, $7 million for Hegarty's two years of pain and suffering, $7 million for her parents' coping with the girl's illness during those two years, and a state-capped award of $150,000 to the parents for Hegarty's death.
The jury also found a third Children's Hospital doctor, Jane Balint, negligent in Hegarty's case but decided that Balint played no role in causing the girl's injuries and death.
Hegarty had been a standout three-sport athlete at Divine Savior Holy Angels High School, including all-conference honors in soccer and a starting spot on a state championship basketball team, before she fell ill
this is my example of the need for tort reform. Wisconsin has malpractice caps, they can only sue the doctor so much. So in this case, the lawyers went after a resident doctor as residents are employees of the hospital.....so the cap is gone because in essence, they are suing Milwaukee Children's hospital.
I've read other articles about this case. The resident doctor treated the girl the moment she entered the ER and remained by her side. In my opinion, I would not expect a resident (a doctor in training) to have all knowledge they are a trainee. However to go after the ER doc, this case could not get "pain and suffering" payout, so they settled with the docs and went after the resident and the hospital.
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Gogirlgo
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Posted: 12/07/04 - 11:50 Post subject:
| rtpd113 wrote: |
lawyers around here judge shop because they know certian locales (i.e. phila vs. surrounding counties) because the jury awards are higher. Filing frivilous cases that clog the system, etc |
It's true that it's well known that Philly hands out higher awards than do the suburbs. But lawyers everywhere judge shop b/c they want the best outcome for their cases, not necessarily on med mal only.
They also forum shop, to make sure the court is the right place for their client to be.
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