What do you think about the Medical Malpractice Crisis? What do you think the solution will be?
Doctors premiums rates are going sky-high for malpractice insurance. Some say it is due to the increase in frivilous lawsuits and others that the insurers invested poorly. Some doctors are working without insuracne and other are longer performing the high-risk surguries that may save your life. Think of youself as the patient - what should be done?
- AnonymousLv 71 decade agoFavorite Answer
My opinion - the EASIEST, FASTEST solution would be making punititve damage awards EXEMPT from attorny contingencies.
Doctors don't HAVE to be at fault, especially obstetritions. From PERSONAL experience with med mal claims, the nightmare is always a DEAD BABY. Juries ALWAYS find against the doctor with a dead baby, REGARDLESS of fault. Insurance companies don't even try to fight those claims, they just offer out the policy limits, because a jury will ALWAYS side against the doctor.Source(s): agent, 20+ years
- 1 decade ago
Lawyers are gonna hate anything that is proposed. Having said that...
I don't care what you do for a living, you have made a mistake. I make mistakes all the time. The difference is, when I make a mistake on the job the customer may end up with an extra seam in their carpet; when a doctor makes a mistake someone could die.
I think that gross negligence should be the deciding factor. If a doctor in good faith and sufficient knowledge does a procedure that goes bad then they should be free from being sued. If, however, the doctor showed any gross negligence (hung over during the procedure, rushing, or incompetence) then they should be nailed.
I had my left parotid gland removed. Before surgery I was given a list of at least 100 things that could go wrong. I had the surgery and none of those things went wrong. However I lost all the feeling in my left ear. When I asked the doctor about this, he said the tumor was bigger than they thought and had to "sacrifice" the nerve to get the whole tumor. Everyone said "sue him!"...I did not. The doctor used his best judgement, destroyed the nerve, and removed the tumor...he did what he could and showed no gross negligence.
Finally, for any real change to take place, the public must get out of their sue-happy mentality; personal responsibility must return.
- Anonymous1 decade ago
I sit on a Board of one of the Largest Health Co's in the Country, and the thoughts are:
1. Private physicians as we know them today will not exist in 10 years.
2. IPA's and or Medical Groups will be left
3. Private physicians that are in business will be "exclusive or what is known as VIP Docs" these docs will charge (similar to a country club) membership per year to clients who want personalized services.
Final: The private doctor down the block will/have been closing up shop, the future (if nothing changes) points to medical groups and cost containment capitated models. Think of a doctors office like a little motel in a posh beach resort, and a big beautiful 5star hotel next to it, eventually will the little guy survive?
- Anonymous1 decade ago
Percentage of premiums paid out as judgements has not changed in 30 years.
Frivolous lawsuits are inappropriate but not the source of the problem.
Obviously, any solution requires an audit of these companies to trace where the money is going.
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- zippythejessiLv 71 decade ago
If frivolous lawsuits and those without merit are never heard in a court and thrown right out, that could eliminate a large chunk of the problem.