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Re: What's up Doc? Tell it toFrom: DoctorJoe@aol.comSat Jun 28 10:45:46 2003
In a message dated 6/27/03 22:55:12, djkrell@ix.netcom.com writes:
> If all our money is merely paper, then lets work it out so that doctors and Well, the definition of malpractice IS pretty narrow. First principles: 1) You have to have a damage - no harm, then no foul. So in the first place, the patient needs to be injured somehow. This IS of course where some frivolous claims start, with "pain and suffering." I would wonder how many of y'all/us have been sued for a good result that just hurt too much. I'd wager that's a very small percentage of the whole. 2) You have to have violation of the standard of care. And who makes up the standard of care? WE do. Of course, we delegate that responsibility sometimes to organizations (and quite often the organizations screw us - remember the ACOG VBAC scandal?), including hospitals and HMOs. THAT'S where we need to tighten up. Plaintiffs' whores, "experts," and the like, as well as ridiculous "protocols" and "policies and procedures" are all things WE should have a hand in dealing with. Remember, part of the malpractice establishment came about by OUR OWN establishment of a "standard of care," because well-educated doctors didn't like having to compete with snake-oil salesmen (literally - in the 1800s and earlier) for the medical care patient base. You make the standards, then they hold YOU to the standards. 3) Finally, it must be proved that the violation of the standard of care caused the damage. That's almost an after the fact kind of thing. If you can prove there was no violation of the standard of care, or if there's no damage, you get the case dismissed anyway. (Unless your lawyer commits malpractice - but that's another story for another time.) Anyway, the definition of malpractice is pretty standard and actually pretty reasonable. It's the fleshing out and use of the definition that causes the problem. And much of that is OUR own doing. Joe P. "Ambulance chasers would not be in business, if there were no ambulances." - J. Pastorek, 2003
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