Comments on: My take: Malpractice, age management http://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html Tue, 14 Feb 2012 19:56:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html#comment-87159 Anonymous Sat, 30 Aug 2008 13:49:00 +0000 http://clients.emmense.com/kevinmd/2008/04/my-take-malpractice-age-management.html#comment-87159 1. In NH, about three quarters of all malpractice payments go to lawyers, for defense and plaintiffs. Way over one third. Counting expenses way over half goes to the plaintiff's lawyer. No where near a third.<br/><br/>2. Damages should be determined by schedule ex ante, by a legislature for minimums, and by the patient when he signs up for insurance. The level of payment for bad outcomes and the premium for this additional insurance to be decided by and born the patient, respectively. <br/><br/>3. Medical harm to be determined by a jury of same specialty doctors impartially chosen by the court and specialty boards. Full results to be presented should the verdict be appealled to the courts. <br/><br/>4. The main problem with the system is badly decided cases: <br/><br/>Teen suicide in Franklin, NH. 300 aspirins. ER doc on the phone with DHMC. $2.1 M verdict. <br/><br/>Almost every bad baby case.<br/><br/>Man in Concord, NH rolls his truck. Thrown 150 feet. Seat belt? Not admissible. Multiple injuries. Recovers but blind. Surgeon on the hook for 2 million. Should have transfused more. Huh? 1. In NH, about three quarters of all malpractice payments go to lawyers, for defense and plaintiffs. Way over one third. Counting expenses way over half goes to the plaintiff’s lawyer. No where near a third.

2. Damages should be determined by schedule ex ante, by a legislature for minimums, and by the patient when he signs up for insurance. The level of payment for bad outcomes and the premium for this additional insurance to be decided by and born the patient, respectively.

3. Medical harm to be determined by a jury of same specialty doctors impartially chosen by the court and specialty boards. Full results to be presented should the verdict be appealled to the courts.

4. The main problem with the system is badly decided cases:

Teen suicide in Franklin, NH. 300 aspirins. ER doc on the phone with DHMC. $2.1 M verdict.

Almost every bad baby case.

Man in Concord, NH rolls his truck. Thrown 150 feet. Seat belt? Not admissible. Multiple injuries. Recovers but blind. Surgeon on the hook for 2 million. Should have transfused more. Huh?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html#comment-86082 Anonymous Sun, 08 Jun 2008 20:49:00 +0000 http://clients.emmense.com/kevinmd/2008/04/my-take-malpractice-age-management.html#comment-86082 In england lawyers have to pay when they file a fivrolous law suit.We should do the same thing in the USA. In england lawyers have to pay when they file a fivrolous law suit.We should do the same thing in the USA.

]]> By: Supremacy Claushttp://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html#comment-85157 Supremacy Claus Tue, 22 Apr 2008 12:07:00 +0000 http://clients.emmense.com/kevinmd/2008/04/my-take-malpractice-age-management.html#comment-85157 The workmen's comp approach to medmal will explode 1) payouts, 2) gaming by patients with trivial injuries not the fault of providers, 3) defensive medicine, 4) lawyer incomes. Really, really bad idea. The workmen’s comp approach to medmal will explode 1) payouts, 2) gaming by patients with trivial injuries not the fault of providers, 3) defensive medicine, 4) lawyer incomes. Really, really bad idea.

]]> By: Paulhttp://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html#comment-85151 Paul Mon, 21 Apr 2008 22:23:00 +0000 http://clients.emmense.com/kevinmd/2008/04/my-take-malpractice-age-management.html#comment-85151 I completely agree with you that the present malpractice system reeks. True victims turn over 1/3 or more of their reward to lawyers. And it takes years to settle a claim. Then, of course, payments are made for "pain and suffering," "loss of consortium," -- stuff Europe does NOT do.<br/><br/>My proposal: get it out of the courts completely. Submit claims to an impartial board of experts. If the doc is wrong (yes - it does happen), determine damages appropriately, and pay them.<br/><br/>AND, if a doc is an idiot and often wrong, STRIP his license! I completely agree with you that the present malpractice system reeks. True victims turn over 1/3 or more of their reward to lawyers. And it takes years to settle a claim. Then, of course, payments are made for “pain and suffering,” “loss of consortium,” — stuff Europe does NOT do.

My proposal: get it out of the courts completely. Submit claims to an impartial board of experts. If the doc is wrong (yes – it does happen), determine damages appropriately, and pay them.

AND, if a doc is an idiot and often wrong, STRIP his license!

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/04/my-take-malpractice-age-management.html#comment-85145 Anonymous Mon, 21 Apr 2008 18:39:00 +0000 http://clients.emmense.com/kevinmd/2008/04/my-take-malpractice-age-management.html#comment-85145 <i>One note from this. It shows that patients are willing to pay for what they perceive as receiving appropriate preventive care as well as spending time with the physician.</i><br/><br/>Or, it shows that patients are happy to pay for what they WANT, just not what they NEED. One note from this. It shows that patients are willing to pay for what they perceive as receiving appropriate preventive care as well as spending time with the physician.

Or, it shows that patients are happy to pay for what they WANT, just not what they NEED.

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