I’ve lived long enough not to expect justice in this world,
Yet I haven’t given up in its pursuit.
Being sued as a doctor,
for imperfections,
for the inevitable bad outcomes that befall us all,
diminishes and consumes your very spirit:
A doctor’s account, from The New York Times.
You are right, of course, about suits for inevitable bad outcomes. Bad outcomes are not malpractice if the standard of care has been met, and malpractice claims in such circumstances are unwarranted.
But what about malpractice claims when the bad outcome really was the result of negligence or sub-standard care? Until we get better at preventing negligence or poor care, we need to have a way to try to make whole patients who are injured or the families of patients who are killed. We don’t do a very good job at that either. The IOM estimates that there are about 100,000 malpractice deaths each year, but there were only 3,613 physician malpractice payments reported to the NPDB for deaths in 2008. There were only 11,021 physician malpractice payments reported to the NPDB in 2008 for all causes.
It seems very likely that there are a lot more uncompensated cases of actual malpractice than there are unwarranted malpractice claims against physicians. Neither is acceptable.
drc – true. Have you heard of specialized healthcare courts? These seem like a more just means of doing all you’ve described. Thanks for the comment.
This is just dreadful for everyone involved — doctors, patients, and the families of both. The healthcare courts sound like a great idea. I hope someday we’ll get them.
I have been ensnared repeatedly and unfairly into the legal arena during my 20 years of practice. My father used to sue physicians, so I know both sides of the issue well. I have devoted considerable space on my blog to this issue, including a post from a plaintiff’s attorney who sues physicians. I invite you and readers to visit at http://www.MDWhistleblower.blogspot.com under Legal Quality.