One thing most people don’t realize with malpractice caps is that (in most areas) there is a difference between negligence and “gross-negligence.” Most of the cases above would fall under the gross-negligence definition as the doctors knew they were causing harm (or should have).

Tort reform generally seeks to put caps on regular run of the mill “negligence”, not gross-negligence claims which will remain uncapped. Negligence covers cases where a doctor simply f*cked up. It happens, diagnoses get missed, surgeries don’t always go as planned, and other mistakes occur. Tort reform would protect doctors in these cases.

At the same time if a doctor commits gross-negligence (for example; uses an inappropriate product/drug that they have financial ties to, practices under the influence, or anything else where it can be shown they intentionally put a patient in harms way) all bets are off. Even with tort reform these individuals will be hung out to dry (as they should be).

-Dave

I know you guys probably think the US malpractice lawsuit system is over-the-top, but here, in Romania, there’s almost no such thing: this was one of the few cases in the last 20 years.

The pacient or, in the case of death, the next-of-kin is the one who has to press charges. People usually go to the hospital administration or College of Physicians, rarely to Court.
Usually when doctors screw up, their colleagues/bosses cover for them. When it really hits the fan (read: when the press finds out), there is the College of Physicians who can cut salaries for a few months or even (but rarely!) revoke licenses.

If the case goes to trial, it’s usually on criminal charges. There were but a few civil cases of malpractice and I don’t know how those ended. But rest assured, the financial compensations were not huge.

So as long as you don’t intentionally kill somebody or butcher them senseless, there are no malpractice trials in Romania.

Here’s your sign people…

“Some people have suggested that the system is overrun with frivolous litigation. Our findings don’t support that,” said study author David M. Studdert, an associate professor of health policy and management at Harvard School of Public Health, in Boston. “The system is doing a reasonable job of channeling compensation to the right sorts of claims.”