Comments on: Malpractice settlements: "A legalized form of extortion" http://www.kevinmd.com/blog/2007/01/malpractice-settlements-legalized-form.html medical blog Sun, 22 Nov 2009 19:59:44 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Anonymous http://www.kevinmd.com/blog/2007/01/malpractice-settlements-legalized-form.html/comment-page-1#comment-70674 Anonymous Sun, 21 Jan 2007 15:47:00 +0000 http://clients.emmense.com/kevinmd/2007/01/malpractice-settlements-a-legalized-form-of-extortion.html#comment-70674 So are physicians now abandoning caps for no fault? It goes hand in hand with universal health care, of course. So are physicians now abandoning caps for no fault? It goes hand in hand with universal health care, of course.

]]> By: Samson Isberg http://www.kevinmd.com/blog/2007/01/malpractice-settlements-legalized-form.html/comment-page-1#comment-70627 Samson Isberg Fri, 19 Jan 2007 20:19:00 +0000 http://clients.emmense.com/kevinmd/2007/01/malpractice-settlements-a-legalized-form-of-extortion.html#comment-70627 As always, Mr Criminallopath has a valid point. I am practicing under a no-fault compensation scheme (in Norway), funded by the taxpayer and completely in the hands of lawyers. This scheme is now nothing more than a racket for corrupted lawyers who change sides in the system more often than other people change underwear. As long as the lawyers are sitting on both sides of the system, corruption is the predictable result. As always, Mr Criminallopath has a valid point. I am practicing under a no-fault compensation scheme (in Norway), funded by the taxpayer and completely in the hands of lawyers. This scheme is now nothing more than a racket for corrupted lawyers who change sides in the system more often than other people change underwear. As long as the lawyers are sitting on both sides of the system, corruption is the predictable result.

]]> By: Criminallopath http://www.kevinmd.com/blog/2007/01/malpractice-settlements-legalized-form.html/comment-page-1#comment-70617 Criminallopath Fri, 19 Jan 2007 17:56:00 +0000 http://clients.emmense.com/kevinmd/2007/01/malpractice-settlements-a-legalized-form-of-extortion.html#comment-70617 Given the rampant fraud in the "no-fault" workers compensation systems, I think that such a system would be more of a headache then a help. First, who would fund this system? The plebeians would buck the imposition of any taxes upon them in this regard. Physicians that have seen or participated in the rampant abuse of the workers compensation system should already know that if the money is coming out of their pockets to fund this system then they will quickly be bled dry.<br/><br/>I still opt for asking the trier of fact to enforce the rules regarding expert witness testimony when it comes to clinical testimony. Speculation and conjecture that would send home an expert in any other field following a Kelley-Frye or Daubert hearing is routinely allowed on the clinical side. Enforcing the same standard (this would hurt your colleagues that are in the PI business) would go a long way to raising the bar to the appropriate level that a plaintiff would have to meet in order to prove their case. Defense attorneys, knowing this, would act accordingly. Given the rampant fraud in the “no-fault” workers compensation systems, I think that such a system would be more of a headache then a help. First, who would fund this system? The plebeians would buck the imposition of any taxes upon them in this regard. Physicians that have seen or participated in the rampant abuse of the workers compensation system should already know that if the money is coming out of their pockets to fund this system then they will quickly be bled dry.

I still opt for asking the trier of fact to enforce the rules regarding expert witness testimony when it comes to clinical testimony. Speculation and conjecture that would send home an expert in any other field following a Kelley-Frye or Daubert hearing is routinely allowed on the clinical side. Enforcing the same standard (this would hurt your colleagues that are in the PI business) would go a long way to raising the bar to the appropriate level that a plaintiff would have to meet in order to prove their case. Defense attorneys, knowing this, would act accordingly.

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