Thursday, September 29, 2005
"It was never about getting the highest amount . . . It’s about seeking justice."
"She hopes the hospital’s doctors and nurses will learn a valuable lesson through the boy’s death and “take their job more seriously.”
To ensure that, a plaque in memory of her dead son, Torajee, must be placed inside the hospital’s emergency room . . .
. . . Tukishia Bobbett thinks her son 'sacrificed' himself in order to show the hospital’s wrongdoings and ensure no one else receives such negligent treatment at the hospital."
Related article:
The $11 million settlement reached Wednesday . . . once again pitted lawyers against doctors over a proposed $250,000 cap for pain and suffering damages.
The lawyer's view - "'The reality is, I spent substantially more than that in preparing this case,' Quinn said Wednesday after the $11 million settlement was reached. 'To say that a little boy's life is only worth a maximum of $250,000 is an absolute outrage.' . . .
. . . Preparing for the case involved consulting 20 expert witnesses and 30 depositions, Quinn said. Most lawyers cannot afford the costs, he said.
'I don't think people realize how expensive these cases are,' Quinn said. 'That's why we try to screen these cases. The reality is, they knew from day one that this child was not properly cared for and they should have come to these two parents.'
Quinn will receive 40 percent of the settlement or at least $4.4 million, according to the law firm."
The physician's view - "The medical community supports a $250,000 limit on pain and suffering damages in malpractice cases to avoid high payouts.
High malpractice settlements and verdicts will 'trickle down into the insurance industry and will eventually impact patients and doctors,' said Chuck Moran, spokesman for Pennsylvania Medical Society.
He also criticized the percentage that lawyers receive from high malpractice verdicts and settlements.
'That's another part of the problem,' Moran said. 'It's basically a large pay-day for the attorneys involved.'
Doctors are not trying to limit economic damages, said Dr. Gary Verazin, a surgical oncologist and an advocate for caps.
Even if limits were placed on non-economic damages, the Bobbett family would still receive a lifetime worth of potential earnings for their son, he said.
'That's a fairly significant amount,' Dr. Verazin said. 'Part of reform is to decrease the amount of the percentage the lawyers get from verdicts and settlements.'
As a result of the high liability risk, Dr. Verazin will no longer perform surgery on children with acute abdominal conditions, he said.
'At times, it is difficult to diagnose,' Verazin said. 'The jury will have a feeling of compassion for a child, no matter what is scientifically right or wrong.'"
"She hopes the hospital’s doctors and nurses will learn a valuable lesson through the boy’s death and “take their job more seriously.”
To ensure that, a plaque in memory of her dead son, Torajee, must be placed inside the hospital’s emergency room . . .
. . . Tukishia Bobbett thinks her son 'sacrificed' himself in order to show the hospital’s wrongdoings and ensure no one else receives such negligent treatment at the hospital."
Related article:
The $11 million settlement reached Wednesday . . . once again pitted lawyers against doctors over a proposed $250,000 cap for pain and suffering damages.
The lawyer's view - "'The reality is, I spent substantially more than that in preparing this case,' Quinn said Wednesday after the $11 million settlement was reached. 'To say that a little boy's life is only worth a maximum of $250,000 is an absolute outrage.' . . .
. . . Preparing for the case involved consulting 20 expert witnesses and 30 depositions, Quinn said. Most lawyers cannot afford the costs, he said.
'I don't think people realize how expensive these cases are,' Quinn said. 'That's why we try to screen these cases. The reality is, they knew from day one that this child was not properly cared for and they should have come to these two parents.'
Quinn will receive 40 percent of the settlement or at least $4.4 million, according to the law firm."
The physician's view - "The medical community supports a $250,000 limit on pain and suffering damages in malpractice cases to avoid high payouts.
High malpractice settlements and verdicts will 'trickle down into the insurance industry and will eventually impact patients and doctors,' said Chuck Moran, spokesman for Pennsylvania Medical Society.
He also criticized the percentage that lawyers receive from high malpractice verdicts and settlements.
'That's another part of the problem,' Moran said. 'It's basically a large pay-day for the attorneys involved.'
Doctors are not trying to limit economic damages, said Dr. Gary Verazin, a surgical oncologist and an advocate for caps.
Even if limits were placed on non-economic damages, the Bobbett family would still receive a lifetime worth of potential earnings for their son, he said.
'That's a fairly significant amount,' Dr. Verazin said. 'Part of reform is to decrease the amount of the percentage the lawyers get from verdicts and settlements.'
As a result of the high liability risk, Dr. Verazin will no longer perform surgery on children with acute abdominal conditions, he said.
'At times, it is difficult to diagnose,' Verazin said. 'The jury will have a feeling of compassion for a child, no matter what is scientifically right or wrong.'"
Posted by Kevin |
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Comments:
"Even if limits were placed on non-economic damages, the Bobbett family would still receive a lifetime worth of potential earnings for their son, he said."
How do you determine the lifetime value of the potential earnings of the son, a person who has no economic loss? Presumably they use the average income for the area, but I don't know?
Maybe if they would attribute the defendant's salary to the plaintiff in that situation, it would be a little more fair. Still though, it certainly doesn't address Penn. problem, which stems as much from insurer mismanagement as anything else.
How do you determine the lifetime value of the potential earnings of the son, a person who has no economic loss? Presumably they use the average income for the area, but I don't know?
Maybe if they would attribute the defendant's salary to the plaintiff in that situation, it would be a little more fair. Still though, it certainly doesn't address Penn. problem, which stems as much from insurer mismanagement as anything else.
# posted by 
: 10:49 AM
: 10:49 AM
The real problem to be addressed is that WHY this catastrophe ever occurred. A 4 year old with a real emergency problem should have been diagnosed correctly and appropriate treatment rendered immediately. There were real world problems in the hospital setting that resulted to this outcome. These problems are prevalent and this lawsuit may change the way they care for patients in this particular hospital but this same scenario will be repeated if we do
not address certain problems that plague our hospitals. We need to
look at the whole system and not just the two doctors involved. Lawsuits won or lost do not seem to remedy the problem in other hospitals not involved in the case. I suspect it may worsen the problem in those hospitals where there will be testing of the low risk and the high risk patients and the latter waiting longer.
We have well trained doctors and nurses and staff and we have JCAHO certified hospitals to deliver high quality health care and yet preventable morbity and mortality still occur. We should not accept this as just part of delivering health care. This needs to be addressed not as a local problem but as a defect in the health care system that needs to be addresed at the federal level.
not address certain problems that plague our hospitals. We need to
look at the whole system and not just the two doctors involved. Lawsuits won or lost do not seem to remedy the problem in other hospitals not involved in the case. I suspect it may worsen the problem in those hospitals where there will be testing of the low risk and the high risk patients and the latter waiting longer.
We have well trained doctors and nurses and staff and we have JCAHO certified hospitals to deliver high quality health care and yet preventable morbity and mortality still occur. We should not accept this as just part of delivering health care. This needs to be addressed not as a local problem but as a defect in the health care system that needs to be addresed at the federal level.
# posted by : 11:53 AM
: 11:53 AM
Has anonymous above ever worked in an ER? If so, she would know that JCAHO has only made it more difficult to care for these exact patients. She would also know how many vomiting kids we see on a daily basis, and that distinguishing the sick from the not sick with absolute certainty would require expensive and needless tests for every patient. Our wait time is over four hours now. I would love to hear anonymous's solution to this (apparently straightforward) problem.
# posted by : 1:26 PM
: 1:26 PM
I wonder how many abdominal surgeries Dr. Verazin performed prior to this verdict. He is a general surgeon with no particular expertise in pediatric surgery. I suspect his claim that he won't do those surgeries any longer is more puffery than reality since I suspect he didn't do so many before.
Dr. Elliot has spoken. The surgeon is therefore obviously incompetent and should never be allowed to operate again.
# posted by : 1:39 PM
: 1:39 PM
To Bad Shift: I'm a HE not a she, not that it makes a difference. I did not imply that JCAHO is part of the solution. I have the same attitude towards JCAHO as you do. I'm a Board Certified ED Physician who worked mostly nights for 20 years when 36,000 annual visits was considered busy and when the census was 60,000 a year, I quit.
So yes, I have seen a lot of vomiting children. I have been sued only once and proven in court to be a fraudulent claim of negligence. The ER problem seems to be clearer now than when I was in the middle of it, when I could only see the trees and not the forest. Hope you have a better
shift tomorrow.
So yes, I have seen a lot of vomiting children. I have been sued only once and proven in court to be a fraudulent claim of negligence. The ER problem seems to be clearer now than when I was in the middle of it, when I could only see the trees and not the forest. Hope you have a better
shift tomorrow.
# posted by : 2:14 PM
: 2:14 PM
He is a general surgeon with no particular expertise in pediatric surgery.
That's an ignorant comment. I suppose since he is a general surgeon, he has no particular expertise in anything. He must not be qualified for any surgery - I'm certain you can't find a body part for which there is not a specialist. Why do hospitals credential general surgeons (or for that matter, general internists) anyway? Someone like you will come along when some inevitable bad outcome occurs and claim that he was not qualified because there exists someone else you deem better qualified.
That's an ignorant comment. I suppose since he is a general surgeon, he has no particular expertise in anything. He must not be qualified for any surgery - I'm certain you can't find a body part for which there is not a specialist. Why do hospitals credential general surgeons (or for that matter, general internists) anyway? Someone like you will come along when some inevitable bad outcome occurs and claim that he was not qualified because there exists someone else you deem better qualified.
# posted by : 2:23 PM
: 2:23 PM
For the dull witted, I am not claiming that he is not able to do abdominal surgery on children, I am guessing that he does not do that kind of surgery and probably never did. If that is the case then for him to claim that the liability issue is the reason he does not engage in those procedures is dishonest (the reporter should have checked before printing his claim). Similarly when someone claims that the difficulty in recruiting physicians to rural, underserved areas is primarily a liability issue, they are being dishonest.
"That's an ignorant comment. I suppose since he is a general surgeon, he has no particular expertise in anything. He must not be qualified for any surgery - I'm certain you can't find a body part for which there is not a specialist."
Not so fast. Dr. Elliot is an expert on most all medical matters and he is well known for always giving the doc the benefit of the doubt when the story is incomplete. He is "guessing" that the doc doesn't do that type of surgery so by definition it was gross negligence on the surgeon's part.
Not so fast. Dr. Elliot is an expert on most all medical matters and he is well known for always giving the doc the benefit of the doubt when the story is incomplete. He is "guessing" that the doc doesn't do that type of surgery so by definition it was gross negligence on the surgeon's part.
# posted by : 5:24 PM
: 5:24 PM
Why is this case even a subject for discussion? The liability was likely clear given the amount, and the hospital and/or physician himself CHOSE to settle.
No one made them do it.
No one made them do it.
# posted by : 5:33 PM
: 5:33 PM
Anonymous ER doctor: sorry to raise your hackles. Did you retire or have you moved on to admin work? (BTW I re-read your comment and realized I judged too harshly. There are, in fact, many systemic improvements to be made, but that usually starts with an acknowledgment of the challenges).
# posted by : 2:53 AM
: 2:53 AM
To Bad Shift: I set up an Urgent Care with another old ER doc. I guess that's where old ER docs are farmed out to wither .
# posted by : 2:53 PM
: 2:53 PM
Ah professional courtesy. 'Bad Shift' trashed Anon1253 UNTIL credentials were presented, and suddenly Bad Shift realized he'd misread the earlier comments. Hey turkey, if you (Bad Shift) would give some of that same respect to your patients, maybe life and your shifts wouldn't be so 'bad.'
Dear Former ER Now Urgent Care Doc, you make good sense, glad you're still practicing, I like the urgent care approach. Keep it up, we noncredentialed boobs need you.
Dear Former ER Now Urgent Care Doc, you make good sense, glad you're still practicing, I like the urgent care approach. Keep it up, we noncredentialed boobs need you.
# posted by : 3:17 AM
: 3:17 AM
BOTTOM LINE: I just returned from a conference in Washington D.C. (ACEP) They held a "Town Hall Meeting" about the Malpractice crisis. in the main Auditorium of the Washington Convention Center. (seats 2000 people) Present was the Head of the AMA, the head of the American Trial Lawyers association, many others. Six physicians showed up. Why? We decided most of us are so fed up and helpless with this situation, we'd rather just get out of medicine rather than fight the Berlin Wall called the Trial Lobby.
# posted by : 1:16 PM
: 1:16 PM
"The ER problem"
Every time I read about one of these cases, I think "thank god I wasn't the ER doc unlucky enough to be on duty when this patient rolled in". The volume is so great, the expectations so high, the system has become unmanageable. I cannot wait to get out of this profession, and leave this career to Foreigners who don't speak english, are incompetent, but more willing to take the risk.
Every time I read about one of these cases, I think "thank god I wasn't the ER doc unlucky enough to be on duty when this patient rolled in". The volume is so great, the expectations so high, the system has become unmanageable. I cannot wait to get out of this profession, and leave this career to Foreigners who don't speak english, are incompetent, but more willing to take the risk.
# posted by : 1:20 PM
: 1:20 PM
Anon 417
There is nothing really bad about my life. Bad Shift is a name I have been using on an economics blog for over a year for unrelated reasons. I have respect for most anyone who can survive as an ER doctor for the better part of a career. I also have respect for some, but not all, of my patients, as well as for some, but not all, of my non-credentialed boob colleagues. What kind of non-credentialed boob are you?
There is nothing really bad about my life. Bad Shift is a name I have been using on an economics blog for over a year for unrelated reasons. I have respect for most anyone who can survive as an ER doctor for the better part of a career. I also have respect for some, but not all, of my patients, as well as for some, but not all, of my non-credentialed boob colleagues. What kind of non-credentialed boob are you?
# posted by : 1:20 AM
: 1:20 AM
"Why? We decided most of us are so fed up and helpless with this situation, we'd rather just get out of medicine rather than fight the Berlin Wall called the Trial Lobby."
The hopeless misery that is being a physician. Oh the humanity. . . the sadness. . . the pain. How do you get up in the morning and face the awful circumstances that have befallen you?
How do you leave your 3500 square foot home, your second wife, and get in your Lexus and drive to work for $200,000 a year each day?
I think we need to have some benefit concerts for you, Anonymous.
The hopeless misery that is being a physician. Oh the humanity. . . the sadness. . . the pain. How do you get up in the morning and face the awful circumstances that have befallen you?
How do you leave your 3500 square foot home, your second wife, and get in your Lexus and drive to work for $200,000 a year each day?
I think we need to have some benefit concerts for you, Anonymous.
# posted by : 12:20 PM
: 12:20 PM
"The hopeless misery that is being a physician. Oh the humanity. . . the sadness. . . the pain. How do you get up in the morning and face the awful circumstances that have befallen you?
How do you leave your 3500 square foot home, your second wife, and get in your Lexus and drive to work for $200,000 a year each day?
I think we need to have some benefit concerts for you, Anonymous."
Did someone leave you for a second wife?
How do you leave your 3500 square foot home, your second wife, and get in your Lexus and drive to work for $200,000 a year each day?
I think we need to have some benefit concerts for you, Anonymous."
Did someone leave you for a second wife?
# posted by : 9:11 PM
: 9:11 PM
"How do you leave your 3500 square foot home, your second wife, and get in your Lexus and drive to work for $200,000 a year each day? ""
What are you smoking? I made the original comment. I rent an apt., i'm unmarried, I drive a 96 Buick with Body damage, I make half what you mentioned, and I spend a fortune on medical bills and meds because being a doc sucks so bad these days, it makes me physically sick. But I will fight the trial lobby.
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What are you smoking? I made the original comment. I rent an apt., i'm unmarried, I drive a 96 Buick with Body damage, I make half what you mentioned, and I spend a fortune on medical bills and meds because being a doc sucks so bad these days, it makes me physically sick. But I will fight the trial lobby.
# posted by : 9:15 PM
: 9:15 PM
