Why is it that any Taco Bell has to be regularly inspected, get a letter grade, and have it posted for all the world to see but it is virtually impossible for me to find out the safety record of the cardiac surgeon who is going to slice me open and literally hold my heart in his hands? Why is it that I can lose my driver's license after a series of violations in which no one is harmed, but a physician can keep his medical license regardless of how many deaths s/he contributes to simply by paying a higher insurance premium, so long as the errors are deemed to be accidental and not negligent? Why is it legal for a doctor or hospital to cover up their lethal mistakes with a pile of money and a confidentiality clause? It is not a secret to anyone who actually reads the literature that the problem is not a rash of frivolous lawsuits but a rash of dangerous doctors and hospitals with no real accountability beyond their own consciences. Kudos to Clinton and anyone else who proposes an idea that may solve a legitimate problem in a way that benefits the public rather than a small interest group like - but good luck getting something so practical and potentially effective through the legislative process.
rcf broadens the debate on medical malpractice costs to include all the players: "Realize doctors are not the only medical providers who make errors. Nurses do, clerks do, aides do, lab techs do, PA's do. Such an error no matter who makes it can lead to a cascade of subsequent errors." Read his reform proposal here.
For Dayenu, the point of medical malpractice cases is "to make patients (or their survivors) whole again. They are not designed to improve health care. In fact, in some ways they fail to do just that, by convincing policymakers that a lawsuit solves the problem for the next patient, when it doesn't. In the first place, the problem isn't just paying claims, it's the cost of medical malpractice insurance. In the second place, is there any proof that malpractice cases do anything to improve health care to individual patients or even stop individual bad doctors from practicing medicine?"
michaeltwatson, author of America's Tunnel Vision—How Insurance Companies' Propaganda Is Corrupting Medicine and Law, writes in to make a plug for his book and deplore the prevalence of medical error.
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