Tag Archives | medical malpractice

The Optional Alternative to Medical Injury Claims

Previously on this blog I have discussed some of the issues with medical malpractice in the United States and some potential alternatives. In this post Potential Alternatives to the Current Medico-Legal System in the United States I talk about some possible alternatives such as having some agreement directly with the physician and hence avoiding trial lawyers. In this provocative post How to Improve Your Chances to Win a Dental Malpractice Lawsuit I discuss the 4 elements you need to win a malpractice suit in the U.S. and a possible suggestion to help improve your chances of doing so. Last year, Kevin Pho known as “social media’s leading physician voice” discussed in a post written on July 16, 2012, titled “The New York medical malpractice crisis: Who’s to blame?,” how some financially struggling hospitals are going without medical malpractice insurance and just going bare as they say. He describes how if hospitals don’t have malpractice insurance than lawyers and patients will go after doctors who may have individual policies. Kevin says that conservatives have failed in their effort for tort-reform by focusing only on non-economic damage caps. Physician groups such as the AMA, ADA, and AAOMS have also seemed to focus more […]

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Potential Alternatives to the Current Medico-Legal System in the United States

On my site I discuss numerous issues with the current legal system and how this relates to the medical system with a focus on third molar (wisdom teeth) removal. See http://www.teethremoval.com/legal_system_medical_malpractice, http://www.teethremoval.com/legal_standpoint.html, and http://www.teethremoval.com/dental_malpractice.html. One issue is that there are a host of different damage caps (non-economic ‘pain and suffering’ awards) in different states throughout the United States. This can sometimes limit the amount a patient can receive even if there was gross negligence by the dentist or oral surgeon. Hence this can prevent fair compensation from being awarded. Another issue with the legal system is that sometimes when patients suffer complications and problems due to negligence they will not be able to sue due to the case not being able to get a very large settlement amount. In addition, these legal cases can drag on for years and years and take a toll on the health of the patient and the doctor. Unlike in the airline industry for pilots, doctors don’t have their own skin in the game so to speak. If a pilot crashes a plane then the pilot may be seriously injured or even die along with the passengers. When a doctor performs a poor surgery that […]

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The War on Healthcare: Patients Who Hate Doctors

Dr. Maurice Bernstein on his Bioethics Discussion Blog has an interesting discussion going on about people who hate doctors and their reasons. Reading through the large number of responses located at http://bioethicsdiscussion.blogspot.com/2005/06/i-hate-doctors.html , a common theme emerges: those who are well educated and particularly those with a PhD really hate those with an MD degree. This is no surprise to me as the current American healthcare system pits patients vs. doctors in a battle. Here a few snippets from the comments: 1 of the comments: “I hate arrogant, sadistic, amoral, money-grubbing scumbags, and unfortunately, it seems far too many of these types have weaseled their way into the medical profession. I am one of the millions of people with chronic pain in this country who is at the “mercy” of the American medical profession, and thus cannot get my pain treated.” Another comment snippet: “Yes it is true, WAKE UP AMERICA…!! THERE ARE MORE DEATHS IN THE US EVERY YEAR, DUE TO “MEDICINE” & DOCTORS…THAN IN ANY WAR GOING ON!! THAT is why people “hate” “Dr.s”…becuase they are Killing people!!! They & the AMA are also arrogant, narrow minded & dumb. To think that drugs & only drugs are going […]

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Patient Harm in Medical Care

The New England Journal of Medicine has recently published an article titled “Temporal Trends in Rates of Patient Harm Resulting from Medical Care.” This article was conducted by Christopher Landrigan and 5 other researches, appeared in the November 25, 2010, edition and you can download and view it at http://www.nejm.org/doi/pdf/10.1056/NEJMsa1004404 The article explores a random sample of 10 hospitals located in the state of North Carolina in the U.S.  A total of 2,341 patients were looked at from this sample and 588 of them had what was identified as a harm meaning that the patient was somehow harmed as a result of medical procedures, medications, or something else that was performed or given during their care. “Of 588 harms that were identified, 245 (41.7%) were temporary harms requiring intervention…  251 (42.7%) were temporary harms requiring initial or prolonged hospitalization. An additional 17 harms (2.9%) were permanent, 50 (8.5%) were life-threatening, and 14 (2.4%) caused or contributed to a patient’s death.” In addition 364 of the 588 harms (63.1%) were reported as preventable. “Of the identified preventable harms, 13 caused permanent harm, 35 were life-threatening, and 9 caused or contributed to a patient’s death.” The articled concludes by stating “Harm to […]

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Malpractice Liability Damage Caps and Their Effects on Rural Doctors

According to a paper by David A Matsa. who is an economics professor their is an effect on medical malpractice liability damage caps. In other words, the amount of money you can get if you sue a physician if something goes wrong is capped and you can only get X amount back as determined by a law in your state. (I have discussed this issue on my website about the legal standpoint of wisdom teeth removal.) Matsa finds that “Back-of-the-envelope calculation using estimates presented… implies that the enactments of damage caps are responsible for approximately 17 percent of the increase in frontier rural specialists in these states since 1970.” Even so, Matsa finds that there really is no significant effect on physician supply for most Americans (those who do not live in rural areas). If you are interested in the entire paper you can access it through several sources through the Social Science Research Network. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=920846. The paper dates from June, 2006, and is titled “Does Malpractice Liability Keep the Doctor Away? Evidence from Tort Reform Damage Caps. “

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