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Re: US malpractice (long)From: Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C. (johnprov@sympatico.ca)Tue Aug 5 07:05:21 2003
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
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