<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" > <channel><title>Comments on: Would you waive your right to sue a doctor to obtain free medical care?</title> <atom:link href="http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html/feed" rel="self" type="application/rss+xml" /><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html</link> <description></description> <lastBuildDate>Tue, 14 Feb 2012 19:56:00 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" /> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90177</link> <dc:creator>Anonymous</dc:creator> <pubDate>Tue, 10 Mar 2009 01:08:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90177</guid> <description>Anon 10:16&lt;br/&gt;&lt;br/&gt;But I don&#039;t check to make sure that people have insurance before I ride with them.  If I were worried enough about someone&#039;s driving to check, I wouldn&#039;t get in the car.  To do so would be to somehow consider the risk of being dead or crippled acceptable as long as it might, after long litigation, come with some money.  If I don&#039;t accept the risk of uncompensated injury, I am not going to accept the risk of compensated injury either. &lt;br/&gt;&lt;br/&gt;Contrary to the impression conveyed by the ads of some ambulance chasers, a stack of money does nothing to diminish chronic pain, the humiliation of perpetual incontinence, or the tragedy of irreversible brain damage. &lt;br/&gt;&lt;br/&gt;I put medical care in the same risk category as renting a horse for a trail ride.  I know it is dangerous and I accept the risk.  If I don&#039;t feel right about the horse, I don&#039;t get on it--and that has no relationship to the fact that I have almost always signed a waiver for that activity.  Waiver or no waiver, suit or no suit,  If i break my neck and spend the rest of my life pissing myself, it will suck either way.&lt;br/&gt;&lt;br/&gt;Who would track such a thing?  The states largest malpractice insurer--their underwriter told me this.</description> <content:encoded><![CDATA[<p>Anon 10:16</p><p>But I don&#8217;t check to make sure that people have insurance before I ride with them.  If I were worried enough about someone&#8217;s driving to check, I wouldn&#8217;t get in the car.  To do so would be to somehow consider the risk of being dead or crippled acceptable as long as it might, after long litigation, come with some money.  If I don&#8217;t accept the risk of uncompensated injury, I am not going to accept the risk of compensated injury either.</p><p>Contrary to the impression conveyed by the ads of some ambulance chasers, a stack of money does nothing to diminish chronic pain, the humiliation of perpetual incontinence, or the tragedy of irreversible brain damage.</p><p>I put medical care in the same risk category as renting a horse for a trail ride.  I know it is dangerous and I accept the risk.  If I don&#8217;t feel right about the horse, I don&#8217;t get on it&#8211;and that has no relationship to the fact that I have almost always signed a waiver for that activity.  Waiver or no waiver, suit or no suit,  If i break my neck and spend the rest of my life pissing myself, it will suck either way.</p><p>Who would track such a thing?  The states largest malpractice insurer&#8211;their underwriter told me this.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90158</link> <dc:creator>Anonymous</dc:creator> <pubDate>Sun, 08 Mar 2009 20:25:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90158</guid> <description>Many if not most hospitals in New England, of any size, ran any number of free clinics.&lt;br/&gt;&lt;br/&gt;In the day, physicians used to be required to cover them a certain number of days, as a condition of privileges. That&#039;s long since passed. But I certainly remember the same clinics, covered by retired, volunteer docs.&lt;br/&gt;&lt;br/&gt;They were thrilled to have a medical student to show around, and I took advantage of the educational opportunities. Learned a lot of medicine, and heard a lot of sea stories of times past. Battlefield medicine from WW-2. One doc was back behind Japanese lines with the Flying Tigers. All sorts of things to learn.&lt;br/&gt;&lt;br/&gt;How sad that so much of that is gone because of legal fears. But he&#039;s right, it just takes one avaricious nephew........</description> <content:encoded><![CDATA[<p>Many if not most hospitals in New England, of any size, ran any number of free clinics.</p><p>In the day, physicians used to be required to cover them a certain number of days, as a condition of privileges. That&#8217;s long since passed. But I certainly remember the same clinics, covered by retired, volunteer docs.</p><p>They were thrilled to have a medical student to show around, and I took advantage of the educational opportunities. Learned a lot of medicine, and heard a lot of sea stories of times past. Battlefield medicine from WW-2. One doc was back behind Japanese lines with the Flying Tigers. All sorts of things to learn.</p><p>How sad that so much of that is gone because of legal fears. But he&#8217;s right, it just takes one avaricious nephew&#8230;&#8230;..</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90144</link> <dc:creator>Anonymous</dc:creator> <pubDate>Sun, 08 Mar 2009 03:16:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90144</guid> <description>&quot;I am told that in my state most malpractice suits are by the uninsured and those on medicaid.&quot;&lt;br/&gt;&lt;br/&gt;It&#039;s almost certain that this information is false.  Who would track such a thing?&lt;br/&gt;&lt;br/&gt;&quot;If I didn&#039;t trust a doctor&#039;s skills enough to sign a waver,&quot;&lt;br/&gt;&lt;br/&gt;Even the best drivers have accidents.</description> <content:encoded><![CDATA[<p>&#8220;I am told that in my state most malpractice suits are by the uninsured and those on medicaid.&#8221;</p><p>It&#8217;s almost certain that this information is false.  Who would track such a thing?</p><p>&#8220;If I didn&#8217;t trust a doctor&#8217;s skills enough to sign a waver,&#8221;</p><p>Even the best drivers have accidents.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90138</link> <dc:creator>Anonymous</dc:creator> <pubDate>Sun, 08 Mar 2009 00:19:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90138</guid> <description>If I didn&#039;t trust a doctor&#039;s skills enough to sign a waver,  then I wouldn&#039;t let them touch me as a doctor.  if I am crippled or severely injured, all the money in the world isn&#039;t going to undo that.  Only an idiot would be more willing to subject himself to injury than to financial loss.&lt;br/&gt;&lt;br/&gt;I do think that these things are unreliable protection for the doctor.  But then nothing is secure in this world and everything we do from the time we get up to the time we go to be exposes us to litigation and other risks.  I think if a doc really wants to treat the poor for free, he will do it, if not, he will not.&lt;br/&gt;&lt;br/&gt;My bigger concern with the deal would be simply that I like to pay my doctors cash myself--no third party payments, no charity.  I think the money seals the covenant.   Charitable giver-supplicant is a whole different relationship that I would rather avoid.  &lt;br/&gt;&lt;br/&gt;I am told that in my state most malpractice suits are by the uninsured and those on medicaid.  Funny how going to the very same doctors, those who pay for the care are happier with their care.  I doubt that it is just the doctor whose attitude is being changed.   &quot;Give 10 friends money and you will make 9 enemies and 1 ingrate&quot; seems to apply to free medical care as well.  &lt;br/&gt;&lt;br/&gt;In that light, wouldn&#039;t it be better to charge the poor a small fee--just to keep the roles straight.</description> <content:encoded><![CDATA[<p>If I didn&#8217;t trust a doctor&#8217;s skills enough to sign a waver,  then I wouldn&#8217;t let them touch me as a doctor.  if I am crippled or severely injured, all the money in the world isn&#8217;t going to undo that.  Only an idiot would be more willing to subject himself to injury than to financial loss.</p><p>I do think that these things are unreliable protection for the doctor.  But then nothing is secure in this world and everything we do from the time we get up to the time we go to be exposes us to litigation and other risks.  I think if a doc really wants to treat the poor for free, he will do it, if not, he will not.</p><p>My bigger concern with the deal would be simply that I like to pay my doctors cash myself&#8211;no third party payments, no charity.  I think the money seals the covenant.   Charitable giver-supplicant is a whole different relationship that I would rather avoid.</p><p>I am told that in my state most malpractice suits are by the uninsured and those on medicaid.  Funny how going to the very same doctors, those who pay for the care are happier with their care.  I doubt that it is just the doctor whose attitude is being changed.   &#8220;Give 10 friends money and you will make 9 enemies and 1 ingrate&#8221; seems to apply to free medical care as well.</p><p>In that light, wouldn&#8217;t it be better to charge the poor a small fee&#8211;just to keep the roles straight.</p> ]]></content:encoded> </item> <item><title>By: jb</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90132</link> <dc:creator>jb</dc:creator> <pubDate>Sat, 07 Mar 2009 20:24:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90132</guid> <description>The answer is, obviously, yes- every patient who travels to India, the Philippines, or other offshore sites to save money on surgery is in effect giving up the right to sue.  And that&#039;s to get discounted, not free, medical care.&lt;br/&gt;&lt;br/&gt;If they would get rid of the liability- pass a state constitutional amendment that raises the bar for legal action to gross, unconscionable negligence (i.e., operating drunk), decrease the documentation requirement to just what is medically required, and just cut all the JCAHO bullshit out of medicine for free clinics, they would be overrun with docs and nurses who would be delighted to volunteer to help the poor, just to be able to practice for the good of it.  I would be happy to work a day or two in a free clinic every month under these conditions, and would be able to do twice the work that I can do in the over-regulated CYA environment that is my community hospital.</description> <content:encoded><![CDATA[<p>The answer is, obviously, yes- every patient who travels to India, the Philippines, or other offshore sites to save money on surgery is in effect giving up the right to sue.  And that&#8217;s to get discounted, not free, medical care.</p><p>If they would get rid of the liability- pass a state constitutional amendment that raises the bar for legal action to gross, unconscionable negligence (i.e., operating drunk), decrease the documentation requirement to just what is medically required, and just cut all the JCAHO bullshit out of medicine for free clinics, they would be overrun with docs and nurses who would be delighted to volunteer to help the poor, just to be able to practice for the good of it.  I would be happy to work a day or two in a free clinic every month under these conditions, and would be able to do twice the work that I can do in the over-regulated CYA environment that is my community hospital.</p> ]]></content:encoded> </item> <item><title>By: Hey, You</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90125</link> <dc:creator>Hey, You</dc:creator> <pubDate>Sat, 07 Mar 2009 04:03:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90125</guid> <description>I&#039;m insured, so I don&#039;t need free care.  But I&#039;ve thought from time to time about approaching the doctors I trust with a &quot;no sue&quot; agreement.  My goal would be to free them from the practice of defensive medicine in ways that might not be in my best interest.  Do I really need a CT scan?  With a &quot;no sue&quot; agreement, the doctor would be less likely to order one I don&#039;t need.  There are lots more examples where the doctor is practicing for his own best interests rather than the patient&#039;s.  I don&#039;t blame doctors, but I will be the last patient to sue, so I don&#039;t see why I have to suffer the consequences created by the sue-happy crowd.</description> <content:encoded><![CDATA[<p>I&#8217;m insured, so I don&#8217;t need free care.  But I&#8217;ve thought from time to time about approaching the doctors I trust with a &#8220;no sue&#8221; agreement.  My goal would be to free them from the practice of defensive medicine in ways that might not be in my best interest.  Do I really need a CT scan?  With a &#8220;no sue&#8221; agreement, the doctor would be less likely to order one I don&#8217;t need.  There are lots more examples where the doctor is practicing for his own best interests rather than the patient&#8217;s.  I don&#8217;t blame doctors, but I will be the last patient to sue, so I don&#8217;t see why I have to suffer the consequences created by the sue-happy crowd.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90123</link> <dc:creator>Anonymous</dc:creator> <pubDate>Sat, 07 Mar 2009 02:22:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90123</guid> <description>I would not.   There is a reason it&#039;s free. Maybe, the subject is part of an experiment.  Maybe, the doctor is going to sell the subject&#039;s proteins, tissue samples, etc., for mega bucks.</description> <content:encoded><![CDATA[<p>I would not.   There is a reason it&#8217;s free. Maybe, the subject is part of an experiment.  Maybe, the doctor is going to sell the subject&#8217;s proteins, tissue samples, etc., for mega bucks.</p> ]]></content:encoded> </item> <item><title>By: Slammer04</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90119</link> <dc:creator>Slammer04</dc:creator> <pubDate>Fri, 06 Mar 2009 14:59:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90119</guid> <description>I volunteer at a similar clinic in Oklahoma City.  We have every patient sign a notice of volunteer immunity, and I believe that protects the doctors as well as the staff.  Most patients don&#039;t even question us when we hand them the sheet, as long as they receive care that is decent they are pleased.  I believe the immunity law falls under the same heading of the good Samaritan laws.  This surprises me that New York doesn&#039;t have a similar bill in place.</description> <content:encoded><![CDATA[<p>I volunteer at a similar clinic in Oklahoma City.  We have every patient sign a notice of volunteer immunity, and I believe that protects the doctors as well as the staff.  Most patients don&#8217;t even question us when we hand them the sheet, as long as they receive care that is decent they are pleased.  I believe the immunity law falls under the same heading of the good Samaritan laws.  This surprises me that New York doesn&#8217;t have a similar bill in place.</p> ]]></content:encoded> </item> <item><title>By: jktwaw</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90116</link> <dc:creator>jktwaw</dc:creator> <pubDate>Fri, 06 Mar 2009 14:53:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90116</guid> <description>how about a differing tact. perhaps the med mal insurance companies can cover &quot;free care&quot; physicians pro bono. the doc then can volunteer his time and experience, the patients get free care and the lawyers get their pound of flesh periodically. the only losers are the insurance companies who can write off the cost of the insurance/ payouts as charitable donation.</description> <content:encoded><![CDATA[<p>how about a differing tact. perhaps the med mal insurance companies can cover &#8220;free care&#8221; physicians pro bono. the doc then can volunteer his time and experience, the patients get free care and the lawyers get their pound of flesh periodically. the only losers are the insurance companies who can write off the cost of the insurance/ payouts as charitable donation.</p> ]]></content:encoded> </item> <item><title>By: truby</title><link>http://www.kevinmd.com/blog/2009/03/would-you-waive-your-right-to-sue.html#comment-90114</link> <dc:creator>truby</dc:creator> <pubDate>Fri, 06 Mar 2009 04:34:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2009/03/would-you-waive-your-right-to-sue-a-doctor-to-obtain-free-medical-care.html#comment-90114</guid> <description>I think that people are, or at least will consider waving their rights because of the economy. Sad to say this, but when people are struggling, there&#039;s no telling what they would do....You Too!</description> <content:encoded><![CDATA[<p>I think that people are, or at least will consider waving their rights because of the economy. Sad to say this, but when people are struggling, there&#8217;s no telling what they would do&#8230;.You Too!</p> ]]></content:encoded> </item> </channel> </rss>
<!-- Performance optimized by W3 Total Cache. Learn more: http://www.w3-edge.com/wordpress-plugins/

Minified using apc
Page Caching using disk: enhanced
Database Caching 2/6 queries in 0.003 seconds using memcached
Object Caching 440/444 objects using apc
Content Delivery Network via cdn.kevinmd.com

Served from: www.kevinmd.com @ 2012-02-14 15:19:15 -->
