Tuesday, December 28, 2004

Malpractice Article in Washington Post

There's an interesting article in the Washington Post today, by Marc Fisher. It's currently here, and says this:



Here's what is clear: Doctors pay vastly more for malpractice insurance. Insurance companies don't want to be in this business. The number of claims against doctors is flat. The average verdict against doctors who lost cases has tripled since 2000, although the total paid out by insurers doesn't account for the boost in premiums.
I don't know if insurance companies don't want to be in the business -- seems to me, if they didn't want to, they'd just stop writing policies. Course, maybe that's happening. And I don't know if claims are flat. Bet that is one of those 'it depends how you count them' things.

He also says that professional discipline of bad doctors is largely ineffectual (is that true? I think so, but only the AMA and state agencies would know, and they're not talking), and that payment of monies to the victims of malpractice doesn't have social value (I don't agree, but there should be limits.)

His final point: the basis for this situation is an erosion of trust. My take is, he's right. I'm less likely to sue if I trust the doctor -- and if I believe there is a vigilant professional inquiry system in place to catch the things I can't see, and determine if I should be compensated for them.

Both professions have problems. There are unscrupulous lawyers -- but not, I bet, most of them. There are incompetent doctors -- but not, I bet, most of them. There are grasping lawyers -- but not, I bet, most of them. There are smarmy doctors -- but not, I bet, most of them. There have to be lawyers who see this situation as a blot on their own profession. There have to be doctors who really want to get it resolved, and not just lifted from them.

But just try to find these people. Find a lawyer to say that most doctors are competent, and that even in the best of medical circumstances, mistakes happen -- and that many patients aren't in the best of medical circumstances. Find a doctor to say that most lawyers are competent, and that when someone is injured due to a doctor's malfeasance, they have a right to redress.

And while you're at it....find the Easter Bunny.
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