Caps on malpractice awards

[billydkid]

This is what I don't understand about the debate malpractice awards. It seems to me that saying awards for malpractice are too high misses the point. It seems to me the issue is either 1) There are too many doctors committing malpractice or 2) Doctors are being found guilty of malpractice who haven't actually committed malpractice. In either case, it seems to me the remedy is to fix the system - get rid of bad doctors or make it so that there is a just criteria for determining what actually constitutes malpractice - and not capping awards.

[Shinytop]

Very good post. The only problem with the solution is who decides the criteria for a "good" malpractice case. Obviously if we have the current administration decide the criteria will be very hard to meet. On the other hand if we allow Ted Kennedy to decide every doctor's visit will bring on a malpractice case. Which is why, IMO, the matter is usually left to a jury. I think juries tend to award too high but that is better than the cases not even reaching a jury, again, IMO.

[Shinytop]

I would like to add that I think the real problem lies in doctors policing themselves. If they would be less protective and actually help get rid of doctors who repeatedly kill or injure due to imcompetence the number of suits would diminish dramatically. Unfortunately incompetents find it all too easy to continue to practice or, at worst, move from one jurisdiction to another.

[Evolver]

Doctors are people. People make mistakes. It is an idiotic system, that become costly to all of us, where someone sues for every mistake a doctor makes. I think the gross negligence should be extreme before a monetary judgement can be considered.

I once had a doctor make a mistake that caused me to endure three weeks of agonizing pain. When I recovered, I reported the doctor to his employer and the state board of health. I immediately changed doctors. I did not sue! Some people I know were shocked that I didn't take this chance to make some big bucks. I was shocked that they thought I would.

[American]

Originally posted by Evolver
Doctors are people. People make mistakes. It is an idiotic system, that become costly to all of us, where someone sues for every mistake a doctor makes. I think the gross negligence should be extreme before a monetary judgement can be considered.


I agree. Also, patients are people, and they make mistakes too.

Patients may be cynical, opportunistic ("sue happy"), envious of doctors, angry and confused about their condition (and so blame the doctor's office rather than the true culprit- mother nature). It must be frustrating to be so dedicated, a near-genius, and then be sued by an absolute moron who has no idea what they're talking about. I blame the lawyers.

[Evolver]

Originally posted by American



I agree. Also, patients are people, and they make mistakes too.

Patients may be cynical, opportunistic ("sue happy"), envious of doctors, angry and confused about their condition (and so blame the doctor's office rather than the true culprit- mother nature). It must be frustrating to be so dedicated, a near-genius, and then be sued by an absolute moron who has no idea what they're talking about. I blame the lawyers.

Amen.