JAMA: Implications of cerebral palsy litigation. “Judges, jurors, and most plaintiffs in CP lawsuits may be unaware of the fallibility of the high-tech gadgetry of modern obstetrics, including EFM, and may not realize that these devices cannot reliably predict or influence obstetric outcome. The plaintiff’s attorney has the double advantage of the undeserved suffering by a child and family and a simple, seemingly reasonable explanation. That may not be enough for outright victory, but it is a potent weapon of intimidation. The result is that 86% of obstetrics malpractice claims are settled out of court, half of them with payment, at great cost to the profession, to insurers, and to society at large.
Plaintiffs often see little of the settlement after the legal fees are paid. In addition, patients’ access to obstetricians is decreasing. For example, 15% of surveyed obstetricians said they had left the specialty due to litigation, and 22% had greatly reduced their obstetric practice. Young obstetricians may avoid entering practice in states with high malpractice premiums, reducing patients’ access to care.” (via Red State Moron)
Related posts:
- Should family physicians continue to provide obstetric and maternity care?
- Laborists, and how rising malpractice premiums and the physician payment system are fueling the rise of hospital-only obstetricians
- If health reformers want to emulate Canada and Europe, can we copy their malpractice systems too?
- How malpractice attorneys decide which cases to accept
- The fallacy of juries "sending a message"
- "Maternity care is a money loser for most hospitals, and there is no break-even point"
- Malpractice settlements: "A legalized form of extortion"
{ 15 comments }
“Young obstetricians may avoid entering practice in states with high malpractice premiums, reducing patients’ access to care”
Any “young physician” who enters obstetrics is either too immature to make an informed choice or is under-informed. Once you get out of residency in the current climate one becomes obsessed with avoiding lawsuits. Why does anybody enter a specialty with such high risk? It’s like walking in heavy traffic. At the current rate this specialty will be completely vacant in 10 years.
OB/Gyn, unfortuantely, has become a refuge for those in med school who don’t have the credentials for some of the less litigious specialties. It’s too bad that the lawyers have wrecked a once respected medical specialty.
I’m an old OB. I’ve seen junior doctors come and go for years now. The normal types with sensitivity and caring leave the field after a few months, much the same way as a burnt child keeps away from the fire, only the complete psychopaths remain, the ones that don’t give a rat’s ass, along with the completely burnt-out old cases.
That’s natural selection for you; the principles of Darwin are still going strong. What I would like a trial lawyer to answer is this: Is this the kind of people you would like to deliver your children?
I’d like a physician intelligent enough to understand what is causing his insurance rates to rise. That’s the hard thing to find these days.
Oh, and big enough to admit his own industry refuses to take responsibility for their actions.
Those are hard to come by these days.
” I’d like a physician intelligent enough to understand what is causing his insurance rates to rise. “
Ummm, that would be the cost of defending frivolous lawsuits. I’d like a lawyer intelligent enough to admit the obvious.
You really need to get out of law and get into the insurance industry. A self-interested lawyer defending his industry is no better then Michael Jackson defending sodomy.
You guys are great. Look at what the overwhelming evidence against your side has reduced you to – personal attacks. How sad.
Personal attacks. Ummm, you’re talking about sharks, right? Cause that’s what you do for a living, personal attacks, right?
As for physicinas, Most of us are just trying to figure a way out of this miserable profession, ruined by greedy malpractice attorneys.
“As for physicinas, Most of us are just trying to figure a way out of this miserable profession, ruined by greedy malpractice attorneys.”
With a little saving, that $150,000/yr. average salary (and if you’re a surgeon nearly double that) should get you there quicker than the rest of us.
Or, as Curly Bill put it, “Well, bye.”
CJD
Is it so horrible that there are fewere OBs? After all, Western Europe achieves better rates of infant survival/successful births relying with much fewer per capita OBs. They rely on midwives.
In Europe, “high risk” OB’s take care of high risk pregnancies. In the US, nobody wants their name anywhere near the chart of a “high risk” pregnancy.
CJD still just can’t get over that 150,000 grand a year. Maybe he should expand his jealosy to many fire chiefs, policeman, real estate agents, city and county supervisers, restaurant owners, general contracters, nurses who work overtime, and many others I know that make as much or more. Hey, some of these even have pensions, health insurance, and didn’t even require a college degree and a 100k spot. Good for them.
“Hey, some of these even have pensions, health insurance, and didn’t even require a college degree and a 100k spot. Good for them.”
And won’t get killed by Avian flu. Though I don’t think anyone who works in a hospital will show up for work when that hits. Then who is CJD going to sue, the birds?
Everyone knows that the only reason MDs pay such outrageous insurance premiums is due to their Insurance carrier’s success or failure in the stock market. Actual payouts to MedMal claims only account for about 2% or less of their outlay. Blaming the victims of medical malpractice and their attorneys for the skyrocketting cost of liability insurance is like blaming Saddam Hussein for attacking us on 9/11… the connection simply isn’t there.
Anyone knows that all insurance carriers cost OBs the same each year with now fluctuation between carriers. How do you explain that with your 2%. Please, read a book and inform yourself John Edwards. The profession is being hurt. Whats worse, this isn’t malpractice, it is merely bad results. We cannot control how a fetus is formed or the anatomy of a womens body to not allow the successful birth of her child. I have nothing against lawyers, I have many friends who are lawyers and are struggling worse than doctors. To the few of you who manage to settle a large claims case and destroy a profession, good for you and no one else.
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