How liability is barrier for disaster physicians

There is sensible talk about including disaster physicians in the Federal Tort Claims Act:

Another option might be to waive medical liability altogether for doctors who treat disaster victims, she said. A similar policy was included in a medical tort reform bill that died in the senate earlier this year, which would have insulated doctors from liability for treating indigent patients.

However, Crawley was skeptical whether a similar safeguard for disaster-relief doctors would ever see the light of day. “The world is run by lawyers — it’ll never happen,” she told UPI.

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  • Anonymous

    Good idea – you shouldn’t have to meet any standard of care during an emergency.

    A better idea might be to declare every day a disaster. Then, we can remove the hurdles to becoming a physician, since there’s no point in med school, boards, etc. if physicians aren’t held to any standard.

  • Anonymous

    “standard of care” my ass

    med mal cases have ZERO to do with “standards” and EVERYTHING to do with finding a hired expert gun who gives his personal OPINION.

    That doesnt sound like any kind of “standard” to me.

    Standards are set by a community of people, not one hired gun expert witness

  • Anonymous

    The ability to defend yourself in a malpractice case frequently depends upon high quality documentation and record-keeping. This is frequently not possible in a disaster situation. The absence of good records may leave a doctor open to all kinds of accusations without the ability to prove that the standard of care was met. It would be open season for lawyers.

  • Anonymous

    Anon 12:08- who says you have a right to medical care at all during an emergency? It is almost always doctors and nurses who are volunteering that stay and help, not those who are legally compelled to do so.

    A better idea might be for healthcare workers to worry only about saving their own asses in a disaster and leaving the rest of you to die in misery.

  • Anonymous

    “A better idea might be to declare every day a disaster. Then, we can remove the hurdles to becoming a physician, since there’s no point in med school, boards, etc. if physicians aren’t held to any standard.”

    It is this kind of self-serving idiocy that keeps me from stopping at the scene of an accident and rendering aid even though I am an MD. I used to feel bad about it but I don’t anymore, esp. after years of reading this type of crap from ambulance-chasing leeches like you.

  • Lower Alabama Doc

    As Dr. Anna and her two nurses have discovered, staying behind in a “disaster” situation can not only lead to liability, but also to a felony. Count me out, in the next hurricane.

  • Anonymous

    In all the “disaster” situations, using even the loosest physician definition, how many malpractice cases have resulted? I know of one, where another healthcare witness stated under oath that they observed a physician killing people. And that was criminal, not civil liability.

    Sounds like more physician/insurance company bs.

  • Anonymous

    I would never help any of these people in a disaster, just my family and friends…screw them…

  • Anonymous

    6:35

    What has happened to you? Why do you so hate everyone? For a time it seemed like you only hated attorney’s, then it was women. You talk alot about screwing the American’s so I wonder if you just hate all Americans.

    One cannot even say that you hate everyone except other doctors. If they dare to cross you then you hate them also.

    I don’t think you’re very old, just a feeling I have tells me you aren’t. You can’t have been practicing medicine for like many decades now and just burnt out.

    So just what is the deal with you? Don’t respond with the whining crap about how patients want this test or that test and you live for the day to hurt them. We already know all that…..but….WHY?

    When you see patients how do you behave? Do they have a hint about how you feel about them? Is this like a nervous tic of some sort?

    It must be very frustrating for you to have so much hate and anger all the time. Do you take this out on your patients, in way’s they don’t know? Such as, do you order or perform tests or procedures where there is absolutely no cause for them? Like in comparison to what other Drs. order? I know you order tests for everything that could possibly be the cause of someones symptoms, but do you cross a line and order even beyond that?

    you aren’t going to answer that question, but ask yourself if you are doing that.If so, then seek some help before you end up with a dead patient and yourself in prison.

  • Anonymous

    True case: Physician stepped forward during an airline flight where a woman was having an asthma attack/COPD exacerbation. He tried to assist her as plane re-routed and landed but she died while in the hospital. Family of patient sued the hospital, the patients hospitalist, and the physician who stepped forward. He eventually got dropped due to “good samaritan laws”, but it took 6 months of having to fly to the locale and deal with the crap. The sodomites really “shake the tree” to see what crap will fall out. I won’t step forward either, unless I’m outside the U.S.

  • Anonymous

    Why would he have to fly to the locale? If they filed the suit out of state, he would have 30 days to respond, then there was probably another 90 days of written discovery. His deposition would have been taken at his home. Assuming then there was a motion for summary judgment, which he would not have to be present for, he should have never had to leave his home.

    Try again.

  • Anonymous

    Because initially they claimed him in the suit, ass-banger. They wouldn’t drop him immediately, so he had to prove in court that Good Samaritan laws applied. THis is all on an Audio Digest EMergency medicine continuing education lecture I have. But you wouldn’t be reading about these things, you’re too busy slipping cyanide into tylenol so you can kill a few then file suit against Ortho-Mcneil.

  • Anonymous

    Look, it’s a made up story. Like all the rest of your nonsense. You got called on it, so let it go. Making you look foolish has become too easy.

  • Anonymous

    Kevin,

    Would it be fair to say that you find any liability protection given to physicians or their liability carriers “sensible”? Regardless of proof of its efficacy or necessity?

  • Anonymous

    Anonymous,

    Would it be fair to say that anything done to decrease the liability of physicians would be anathema to you?

    Would it be fair to say that the next time you are in the hospital screaming like a stuck Irish pig, you will be thanking God, Bhudda, Shiva, or whatever that there is a physician to help you?

  • Anonymous

    Why would I go to the hospital? The physicians tell me that they can’t help me anyway – it’s not their fault if something bad happens, they’re not miracle workers!

    Remember, you guys only take credit for God’s work when it goes well. But you want to be paid more no matter what.

    Sniveling cowards.

  • Anonymous

    Sounds like you have some serious affliction…can’t say I feel bad for you…

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