Comments on: http://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html Tue, 14 Feb 2012 21:09:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html#comment-54690 Anonymous Tue, 23 Aug 2005 05:08:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18782.html#comment-54690 I'm not being coy, but I really don't understand your question.<br/><br/>CJD I’m not being coy, but I really don’t understand your question.

CJD

]]> By: Anonymoushttp://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html#comment-54685 Anonymous Tue, 23 Aug 2005 03:35:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18782.html#comment-54685 Ask Curious JD: to what standard are MDs held in malpractice cases? The standard of care in the area in which they practice. <br/><br/>And those standards are communicated to a judge or jury by expert witnesses. <br/><br/>Against what standard would you have an MD held accountable? Ask Curious JD: to what standard are MDs held in malpractice cases? The standard of care in the area in which they practice.

And those standards are communicated to a judge or jury by expert witnesses.

Against what standard would you have an MD held accountable?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html#comment-54682 Anonymous Tue, 23 Aug 2005 01:32:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18782.html#comment-54682 I'm so sick and tired of this reference to a mythical STANDARD OF CARE.<br/><br/>The legal system does not apply such terminology. The "standard of care" is whatever one expert says that it is.<br/><br/>Med mal cases are NEVER about "standards of care" they are about expert #1 competing against expert #2. Does that sound like a "standard" to you?<br/><br/>Standards are made by organizations and communities, not individuals. I’m so sick and tired of this reference to a mythical STANDARD OF CARE.

The legal system does not apply such terminology. The “standard of care” is whatever one expert says that it is.

Med mal cases are NEVER about “standards of care” they are about expert #1 competing against expert #2. Does that sound like a “standard” to you?

Standards are made by organizations and communities, not individuals.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html#comment-54659 Anonymous Mon, 22 Aug 2005 06:19:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18782.html#comment-54659 The standard of care will vary to some extent according to the medical conditions presented, but even more significant is that lost wages and medical costs will certainly vary from case to case simply because not everyone earns the same or incurred the same medical costs even for the same illness/injury treatment that resulted in the claim. Something that varies according to the facts is not simply chance (a 'lottery'), but is probably to be expected: different facts, different outcome. I'd be much more surprised if all cases came out to the same or nearly same dollar amount. <br/><br/>Yes, juries likely know little about the standard of care, which is why they rely on expert witnesses to tell them what the standard is. Each side gets a chance to present their own experts, and the jury takes it from there. Unfair? Maybe. But how else are you going to decide? If medicine can't give a bright line explanation for the applicable standard of care, then how will any single expert decide what it is? Juries are not supposed to be experts, just regular folks who make decisions based on what is put in front of them.<br/><br/>So no, there is no 'horizontal equity' in med mal cases -- because they are all by definition different. Different presentations, different treatments, different errors, different damages. That doesn't call for equal outcomes. The standard of care will vary to some extent according to the medical conditions presented, but even more significant is that lost wages and medical costs will certainly vary from case to case simply because not everyone earns the same or incurred the same medical costs even for the same illness/injury treatment that resulted in the claim. Something that varies according to the facts is not simply chance (a ‘lottery’), but is probably to be expected: different facts, different outcome. I’d be much more surprised if all cases came out to the same or nearly same dollar amount.

Yes, juries likely know little about the standard of care, which is why they rely on expert witnesses to tell them what the standard is. Each side gets a chance to present their own experts, and the jury takes it from there. Unfair? Maybe. But how else are you going to decide? If medicine can’t give a bright line explanation for the applicable standard of care, then how will any single expert decide what it is? Juries are not supposed to be experts, just regular folks who make decisions based on what is put in front of them.

So no, there is no ‘horizontal equity’ in med mal cases — because they are all by definition different. Different presentations, different treatments, different errors, different damages. That doesn’t call for equal outcomes.

]]> By: Curious JDhttp://www.kevinmd.com/blog/2005/08/boston-globe-looks-at-difficulty-in.html#comment-54657 Curious JD Mon, 22 Aug 2005 02:11:00 +0000 http://clients.emmense.com/kevinmd/2005/08/18782.html#comment-54657 That is a very balanced article. I say that with all sincerity. That is a very balanced article. I say that with all sincerity.

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