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Re: Tort ReformFrom: RModugno@aol.comWed Aug 11 07:35:56 2004
In a message dated 8/10/2004 11:08:51 PM Eastern Standard Time, dpriver@aol.com writes: I am pleased to see that the message is finally getting through that the malpractice crisis has little to do with patients or their attorneys. It is a problem of physicians who give testimony against their peers in return for (lots of) money. Remember that John Edwards couldn't have won so much as a single case against an OB/GYN if it weeren't for another OB/GYN willing to testify against a colleague. As Pogo (a cartoon character of the 60s) once said, "We have met the enemy, and he is us". The answer is not caps; the answer is peer review, just as we do in clinical medicine. Once testifiers know that what they say in court is not only being watched, but may serve as the basis for their expulsion from their specialty society, we will have taken a big chunk out of the problem. Appealing as it may be to want to blame this on someone else, we must come to terms with the fact that the problem lies within our own house. We, therefore, must provide our own solutions; no one else will do it for us. I have to respectfully disagree with you. The crisis is much more complex than expert witnesses - it is the whole system of "justice" and the litigation culture that we live in. I have reviewed potential medicolegal cases for both defendant physicians and plaintiffs. Both side require fair/equal representation: As an example, I was asked by a physician's insurance company to review a case - shoulder dystocia - in a patient who was allowed to be in the 2nd stage a full 20 minutes had some variable decelerations, the physician decided to deliver the baby by forceps - got shoulders stuck and the L and D nurse - who apparently was the largest on the unit proceeded to "mount" the patient and apply fundal pressure - the baby was born with a severe brachial plexus injury.My impression was that the physcician was in a hurry. Should I have just said "Sure. Go ahead and take this case to trail or settle?" I believe that the establishment of a medical court system outside the general tort system is the only equitable way to provide "justice for all".. (See http://www.cgood.com) Robert Modugno MD MBA FACOG Marietta, GA http://www.novaobgyn.yourmd.com
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