--
Douglas Krell MD FACOG
> ----- Original Message -----
From: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.
To: Multiple recipients of list OB-GYN-L
Sent: Tuesday, August 05, 2003 6:06 AM
Subject: Re: US malpractice (long)
At Mon, 4 Aug 2003, Douglas Krell wrote:
>
>What's the difference between this outcome and a national "no-fault" insurance program?
>
>If every man woman and child carried a no-fault medical injury policy that paid a "low" amount if an unavoidable medical bad outcome occurred, then people could be compensated in some way when disaster strikes.
>
>On the flip side, physicians would still have to carry malpractice coverage, but ultimately people would be less likely to sue for any bad outcome.
>
>--
>Douglas Krell MD
>
Doug, I agree there is a role for some sort of no-fault insurance
program. The
standard of care for losing a law suit use to be that the physician's
care fell
below the standard of any reasonable physicians ability and knowledge to
prevent
damage. We all know that the idea that injuries are not always
preventable given
the circumstances prior to injury is a concept that has become foreign
to juries
and judges. So no fault insurance in conjunction with tort reform could
be part of the answer. Basically the patient would make a claim, a
panel would asses it
and in must cases if the patient has suffered a serious financial
setback the patient would receive an award. If the patient was not
happy with the award they
could still sue but the standard would the though one of proving it was
preventable by a reasonably knowledgeable and proficient physician not
the super
physician model that seems to apply these days. Part of the tort reform
would be
that medical malpractice trials would occur in front of specially
trained judges
who truly understood the reasonable physician model. Part of tort
reform would
also be an elimination of contingency fees for lawyers and a capping of
a certain % of any large award a lawyer can receive.
Finally if somebody believes their present worth, future worth or pain
and suffering is worth much more than what a no fault insurance board
would
award than they should be allowed to purchase special malpractice
insurance at
the level they want much like you can buy as much life insurance as you
want.
This will only end when the powers that be have the stomach to face the
fact that health care to the masses and making money are not compatible.
--
Take care, John
