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 … Read more

Marketing the Services of Oral and Maxillofacial Surgeons

An interesting article appears in the Journal of Oral and Maxillofacial Surgery titled “Marketing—Preparing the Soil for Success” by James Hupp vol. 71, pp. 1-2, 2013. The article discusses how the general public does not know much about the possible health care services that an oral and maxillofacial surgeon can provide. It also is a bit of a reality check of how health care is practiced in the United States article. The article talks about a new marketing initiative and says “To me, this represents the association’s wish to start a new time of planning and laying the groundwork for a new season of better educated consumers seeking our care.” The author discusses how the image of oral and maxillofacial surgeons by the general public is not that well understood. Most would know that they remove teeth and have much … Read more

Justice and Fairness in the U.S. Healthcare System

An interesting article appears in the Fall 2012 issue of the “The Journal of Law, Medicine & Ethics” titled “Justice and Fairness: A Critical Element in U.S. Health System Reform,” written by Paul T. Menzel. In the article Paul discusses how unfettered competitive markets in health insurance generate market failure. The market failure of course is the fact that in an unfettered competitive market, health insurance will inevitably be out of reach for many (even most) of those who desire and need it most. In the article Paul discusses a term he coins the Just Sharing principle “The financial burdens of medical misfortunes ought to be shared equally by well and ill alike, unless individuals can be reasonably expected to control those misfortunes by their own choices.” Paul goes on to say “Just Sharing is incompatible with pre-existing condition exclusions, … Read more

Medical Responsibility

An interesting article by  Ronald Hamowy titled “Medical Responsibility” appears in the Fall 2012 issue of the The Journal of Law, Medicine & Ethics. While I don’t agree with the all the points addressed in the article some of the points are worth mentioning.  Ronald says “That we are part of some organic body and that we are interconnected so that we “belong” to and are responsible for each other is basically antithetical to our notion of the sovereignty of the individual. Nothing is more elemental to the nature of man than that he be in control over the decisions that affect him. And no decisions are more central to his existence than the medical care he receives. This extends to being able to determine the type and degree of medical care he opts for and to choose among those … Read more

Unnecessary Medical Care and Over Used Tests: The Choosing Wisely Campaign

The Choosing Wisely Campaign is an initiative which I believe I first heard about in late 2010 launched by the ACR (American College of Radiation as the Imaging Wisely Campaign) The Imagely Wisely Campaign was designed to have people aware of the fact that certain medical imaging tests such as CT exams were sometimes over used and did not always have to be used in some instances. It seems that the Choosing Wisely Campaign was launched by the ABIM Foundation which is an organization designed to advance medical professionalism to improve patient care. In April 2012 the Choosing Wisely Campaign released some lists of tests and procedures commonly done in 9 medical professions that should be questioned.  In February 2013 an additional 18 lists of tests or procedures were released. The press release is located at http://www.choosingwisely.org/wp-content/uploads/2013/02/021513_CW-Phase-II-Press-Release-FINAL.pdf On the website … Read more