Re: OB: Why is there litigation for persistent nerve injury

From: Robert J. Woolley (wooll005@tc.umn.edu)
Sun Apr 26 18:02:51 1998


In message <v03007800b1690b62441f@[208.2.63.29]> writes: >
> I will not argue that all tort for medical mistakes is incorrect. It serves
> a function. However, there is something basically wrong with a doc having to
> endure litigation when (s)he is merely a victim of chance. This burden is
> unfair and may pursuade those with the talent to practice medicine to turn
> elsewhere for a career. The greater good is not served by this type of
> litigation.. Perhaps I am naive..

No, you're correct. The system is inefficient, in that most truly injured patients get no compensation, and much of the compensation goes to administrative costs (e.g., lawyers) rather than to the damaged party. This is why some economists predict that eventually the system must give way for a no-fault system, rather like worker's compensation. (If you're injured, you get actual damages, but not pain/suffering, and there's no determination of whether negligence was involved.)

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--------------------------------------------------------------------------- Bob Woolley

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St. Paul, Minnesota

The pun is mightier than the s-word.

--Harlow Soderborg Clark





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