Comments on: If health reformers want to emulate Canada and Europe, can we copy their malpractice systems too? http://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html Tue, 14 Feb 2012 23:57:00 +0000 hourly 1 By: Karlhttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107945 Karl Fri, 17 Jul 2009 21:56:26 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107945 Kevin, Mr. Obama (Harvard Law '91) and his law buddies have never worked in a world where professionals have LEGAL PARASITES swimming around them. The oft-cited CBO study that LEGAL PARASITES cite is just an example of theory seeking reality.Mr. Obama is in trouble because he changes his positions so often, he cannot be trusted.He has no one to blame but himself. Kevin, Mr. Obama (Harvard Law ’91) and his law buddies have never worked in a world where professionals have LEGAL PARASITES swimming around them. The oft-cited CBO study that LEGAL PARASITES cite is just an example of theory seeking reality.

Mr. Obama is in trouble because he changes his positions so often, he cannot be trusted.

He has no one to blame but himself.

]]> By: stevehttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107874 steve Fri, 17 Jul 2009 10:27:33 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107874 how about this idea. since lawyers like arguing nonsensical facts, and are essentially playing the system for profit, maybe we should start to beat them at their own game. I would publicly and financially support a database of all malpractice lawyers. this would be freely accessible to all licensed medical practitioners, and give type of claim, verdict, and amount awarded in damages.We could then make a choice as to IF we wanted to treat them or take them on as patients, and better, if we decided that we wanted o delve into this type of veterinary medicine (lawyer does not equal human) we could charge them appropriately for service. how about this idea. since lawyers like arguing nonsensical facts, and are essentially playing the system for profit, maybe we should start to beat them at their own game. I would publicly and financially support a database of all malpractice lawyers. this would be freely accessible to all licensed medical practitioners, and give type of claim, verdict, and amount awarded in damages.

We could then make a choice as to IF we wanted to treat them or take them on as patients, and better, if we decided that we wanted o delve into this type of veterinary medicine (lawyer does not equal human) we could charge them appropriately for service.

]]> By: Matthttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107684 Matt Wed, 15 Jul 2009 19:43:37 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107684 Susan not everyone thinks there's a crisis, even allowing for how that term has been defined downward. Susan not everyone thinks there’s a crisis, even allowing for how that term has been defined downward.

]]> By: Matthttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107682 Matt Wed, 15 Jul 2009 19:30:46 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107682 I appreciate your information. It is always good to get a reminder of the other side. I believe the whole tort reform issue will be moot with regard to med mal once single payer gets here anyway. If I were a physician I would be far more focused on that. As a patient I certainly am I appreciate your information. It is always good to get a reminder of the other side. I believe the whole tort reform issue will be moot with regard to med mal once single payer gets here anyway. If I were a physician I would be far more focused on that. As a patient I certainly am

]]> By: Susan Hhttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107681 Susan H Wed, 15 Jul 2009 19:29:11 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107681 These angry posts by the lawyers are contrary to the healing arts' tenet of collaboration. Collaboration could work toward solutions for the common good, through sharing of good or bad experiences, and suggestions for alternate methodology. Are lawyers posting on this site to defend a legal system which they passionately believe to be good for America and American healthcare? Are comments posted here by lawyers intended to engender solutions for America's healthcare crisis? These angry posts by the lawyers are contrary to the healing arts’ tenet of collaboration. Collaboration could work toward solutions for the common good, through sharing of good or bad experiences, and suggestions for alternate methodology.
Are lawyers posting on this site to defend a legal system which they passionately believe to be good for America and American healthcare? Are comments posted here by lawyers intended to engender solutions for America’s healthcare crisis?

]]> By: TrenchDochttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107678 TrenchDoc Wed, 15 Jul 2009 19:18:35 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107678 Matt and MedFusion I try to approach lawyers with an evangelical attitude. I see them in my practice as patients and when given the opportunity I "witness" to them much like a pastor would do with a "sinner". The nature of a lawyer's and a doctor's education and training creates communication barriers that are reinforced by the arrogonance of both professions. Matt and MedFusion
I try to approach lawyers with an evangelical attitude. I see them in my practice as patients and when given the opportunity I “witness” to them much like a pastor would do with a “sinner”.
The nature of a lawyer’s and a doctor’s education and training creates communication barriers that are reinforced by the arrogonance of both professions.

]]> By: Matthttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107677 Matt Wed, 15 Jul 2009 19:04:54 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107677 By the way, if you were really trying to help your sis you would have told her not to go into a field of law where you get paid by insurers and have to deal with third party auditing companies and the like. She could have learned from the failed reimbursement model of physicians. By the way, if you were really trying to help your sis you would have told her not to go into a field of law where you get paid by insurers and have to deal with third party auditing companies and the like. She could have learned from the failed reimbursement model of physicians.

]]> By: Matthttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107667 Matt Wed, 15 Jul 2009 17:35:34 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107667 "The current malpractice environment only pads the pockets of trial lawyers who use the real or perceived damages to patients to extort money from others."So how do you propose patients injured by malpractice (if you believe they exist) get compensated for their damages? Wait for you to write a check?"Most of my physician colleagues who are in private practice will not see trial lawyers or their employees as patients in their clinics."Which is a good plan, because you'll never need them. You're indestructible, and there is literally no possibility that you will ever be injured by the negligence of another. Or anyone in your family. And if you were, insurance companies would RUSH to write you a check for your damages. Because that's how they make money - paying claims.Funny how doctors have no trouble hiring lawyers to sue health insurance companies, but find it abhorrent when anyone else dares consult one."By the time she graduated, "By the time she graduated she didn't even know how to file a lawsuit, like every other law student doesn't. She hadn't even taken the bar exam. Nothing against your sister, but she learned literally nothing about practicing law from law school. You learn how to think like a lawyer, and you learn rules of procedure and such, but you don't know jack about the practice of law.It would be like basing your knowledge of medicine on the musings of a junior in college pursuing a biology degree. “The current malpractice environment only pads the pockets of trial lawyers who use the real or perceived damages to patients to extort money from others.”

So how do you propose patients injured by malpractice (if you believe they exist) get compensated for their damages? Wait for you to write a check?

“Most of my physician colleagues who are in private practice will not see trial lawyers or their employees as patients in their clinics.”

Which is a good plan, because you’ll never need them. You’re indestructible, and there is literally no possibility that you will ever be injured by the negligence of another. Or anyone in your family. And if you were, insurance companies would RUSH to write you a check for your damages. Because that’s how they make money – paying claims.

Funny how doctors have no trouble hiring lawyers to sue health insurance companies, but find it abhorrent when anyone else dares consult one.

“By the time she graduated, ”

By the time she graduated she didn’t even know how to file a lawsuit, like every other law student doesn’t. She hadn’t even taken the bar exam. Nothing against your sister, but she learned literally nothing about practicing law from law school. You learn how to think like a lawyer, and you learn rules of procedure and such, but you don’t know jack about the practice of law.

It would be like basing your knowledge of medicine on the musings of a junior in college pursuing a biology degree.

]]> By: MedFusionBlog.orghttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107664 MedFusionBlog.org Wed, 15 Jul 2009 15:31:32 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107664 Great post. The current malpractice environment only pads the pockets of trial lawyers who use the real or perceived damages to patients to extort money from others.Most of my physician colleagues who are in private practice will not see trial lawyers or their employees as patients in their clinics. As an Emergency Physician I am forced by the government to see anyone who walks through my ER door, but if I had a choice I would not accept a trial lawyer as a patient and support my friends who choose this exemption.My sister and I used to argue about the current malpractice climate in this country during her first year of law school. She defended the system while I argued against it. By the time she graduated, however, she was so appalled by the hypocrisy of her fellow lawyers that she went full-time into medical malpractice defense. I am very proud of her and feel somewhat vindicated by her change of heart. Great post. The current malpractice environment only pads the pockets of trial lawyers who use the real or perceived damages to patients to extort money from others.

Most of my physician colleagues who are in private practice will not see trial lawyers or their employees as patients in their clinics. As an Emergency Physician I am forced by the government to see anyone who walks through my ER door, but if I had a choice I would not accept a trial lawyer as a patient and support my friends who choose this exemption.

My sister and I used to argue about the current malpractice climate in this country during her first year of law school. She defended the system while I argued against it. By the time she graduated, however, she was so appalled by the hypocrisy of her fellow lawyers that she went full-time into medical malpractice defense. I am very proud of her and feel somewhat vindicated by her change of heart.

]]> By: TrenchDochttp://www.kevinmd.com/blog/2009/07/if-health-reformers-want-to-emulate-canada-and-europe-can-we-copy-their-malpractice-systems-too.html#comment-107654 TrenchDoc Wed, 15 Jul 2009 14:37:35 +0000 http://www.kevinmd.com/blog/?p=39149#comment-107654 Matt Docs want these cases to go away quickly because every outstanding case creates a red flag for docs when they fill out their recredentialling forms. Docs have to do this every 2 years for every hospital and private healthcare plan they are affiliated with. Also any loans docs apply for are also impacted by these outstanding cases NO MATTER how frivilous the claim. I can speak to the fact that some trial lawyers file a claim and do not push it to trial. One lawyer I know either gets a settlement or drops the case. I was an expert for the defense in that case so I can speak to that claim with accuracy. The Insurance company should be physician owned as it is in Tennessee. This aligns the incentives for the docs and the insurance company. Mandatory yearly malpractice seminars are held for all docs insured by the company. Matt
Docs want these cases to go away quickly because every outstanding case creates a red flag for docs when they fill out their recredentialling forms. Docs have to do this every 2 years for every hospital and private healthcare plan they are affiliated with. Also any loans docs apply for are also impacted by these outstanding cases NO MATTER how frivilous the claim.
I can speak to the fact that some trial lawyers file a claim and do not push it to trial. One lawyer I know either gets a settlement or drops the case. I was an expert for the defense in that case so I can speak to that claim with accuracy.
The Insurance company should be physician owned as it is in Tennessee. This aligns the incentives for the docs and the insurance company. Mandatory yearly malpractice seminars are held for all docs insured by the company.

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