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    Wednesday, June 04, 2003
     
    They're Finally Starting To Get It

    Last night at the store the latest edition of Time Magazine caught my eye: The cover story, The Doctor Won't See You Now, beckoned to me. You may have read of some of the physicians' demonstrations and walkouts protesting escalating malpractice rates that have been taking place in various states this year. Well, folks, it's worse than you may have imagined. In Nevada there are women who have to drive for hours to find an obstetrician who can deliver their baby. Docs are quitting medicine in droves, or moving to states where they can afford to practice. Click the link and see for yourself.

    This link gives a list of some of the most frequently proposed solutions to the malpractice crisis: capping lawyers' fees; increasing screening and reviews of suits when filed; capping awards. No doubt many will object to the financial caps because they restrict victims - true victims - of malpractice from getting the money that they need to live (if permanently disabled, requiring equipment, etc.). And they would be right; bad things do happen and genuine malpractice is committed. Unfortunately, the vast majority of cases filed are not about this kind of malpractice and do not provide justice or appropriate financial restitution. From my vantage point, most cases are filed because "hey, everybody else is doing it. And I've got nothing to lose - my lawyer won't charge me if I don't win!" or "that son-of-a-bitch doctor really pissed me off. I'm going to punish him/her." or similar half-baked motives. Not to mention that the public at large does not seem to have grasped the fact that bad outcomes sometimes happen without malpractice; interventional medicine is not risk-free.

    When "everybody does it," costs go up. There is no such thing as a free lawsuit. The health care system in this country is a good one (I think) but the malpractice issue truly has become a crisis. I think at this point the only way to control it is financial capping and rigorous screening of individual claims. I would also love to see plaintiffs and their attorneys fined or cited for frivolous lawsuits.

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