Kevin, M.D. - Medical Weblog

Hahaha. Thanks, I needed a laugh this morning.

GruntDoc
 

Laugh all you want. But you're getting played by your insurer into supporting damage caps. Your malpractice rates won't change. Only those hurt the worst by malpractice will be screwed. But who knows, maybe you think that's a win for you.
 

And, I am the victim who got screwed. No accountability, no apology and no justice. Believe me, the entire litigation process is NOT funny and is not (in most cases) about money or ruining a physician's career.
 

Maybe GruntDoc will find this funny. He's in Texas, here's a funny document from the nation's largest med mal insurer requesting a 19% increase in Texas just AFTER Texas enacted caps:

http://www.consumerwatchdog.org/insurance/rp/rp004689.pdf

Highlights:

"Noneconomic damages are a small percentage of total losses paid. Capping noneconomic damages will show loss savings of 1%."

"The savings estimated by 1996 Tort Reform did not materialize completely." Shocking.

Now that's some funny stuff. Hey people injured by malpractice - you can't recover for your injury and rates are still going up. Hahahahaha. Let the good times roll!
 

I laugh because it's easier than crying. I've been on the receiving end of more than one of these suits, and it has nothing to do with fairness, or guilt, or policing doctors, and has everything to do with 'what can be taken out of context, or twisted, or used to my plaintiffs' advantage'.

Make no mistake, this system is about money, and how to get the most of it.

And, yes, I know that at least one medmal insurer asked to raise rates despite tort reform. Plaintiff's lawyers are just barely above insurance companies in my loathing ledger, but my insurance company has never deliberately accused me of harm in order to get money.


So, hahahah. You're kidding yourself if you think the current malpractice crisis is about anything but money.
 

You're right about one thing, it's about money.

Unfortunately, when someone has been hurt by the negligence of another, we can't waive a wand and just give them the arm that was taken, or the ability to walk, or freedom from the tube they are now eating through. But as a society we have decided that they ought to be compensated in whatever meager way we can find. Is it perfect? Of course not. But for you to say that it's all about money for those people who are the ones affected by caps is ridiculous. I've never met a person with a case worth $250,000 in non-economic damages who wouldn't rather have their life back.

But don't deny those people a chance at some small chance of justice because you might, just maybe, hopefully, possibly, talk your insurer into shaving a few dollars off your rates. Because they aren't going to do it.

That's what sucks about the current "reform". The people getting screwed the worst are those who have already been hurt. Lawyers can always handle other cases, doctors will always have more patients, and there will always be plenty of insurers. The victim is the one who gets screwed. But hey, that could never happen to someone you love, could it?
 

It may be about money to the attorney and to the physician but it is not about money to the families that I have consulted with from across the country who have lost their healthy children to medical negligence. They need full and complete disclosure, changes made that will prevent further harm to other children and a bit of compassion from the physicians involved. When these needs aren't met, they have no choice but to seek representation. Money means nothing to a parent whose child has died but accountability and ethics does. We trusted you with our child's life and you owe us more than money.
--dag--
 

My mom died a sudden death of a common side effect of a medication when she was 65, she would have been 80 now. The little money we got is gone and so is she.
 

Again with the money. Americans expect nothing will happen, and if it does, it's someones fault. Odd, unfortunate, and unwanted outcomes can't be avoided. What could be avoided is the ambulance chasers out running ads in which "victims" (standing by their new car) "get the money they deserve". Nicely put.
 

I can see the arguments as being valid from both sides. I recently testified for a doctor wrongly accused by my disgruntled ex so as to get out of paying his half of our children's medical bills. Great solution...hmmm

I have also seen malpractice on behalf of bad doctoring and the only truth that seems to be consistant is that the lawyer is the only winner. So I decided to go to law school! lol