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Curbing Medical Malpractice Lawsuits: Solution or Gov't Waste?
 Posted
9/24/2009 8:00:00 AM
Medical malpractice reform is getting its moment in the spotlight during the ongoing debate to overhaul the country's health care system. Last week, President Obama announced grants of 25 million dollars to states to put limits on medical malpractice lawsuits. California's Medical Injury Compensation Reform Act, or MICRA , already caps the amount of damages a patient can sue for. But California's malpractice reform is either a national model or cautionary tale. Does MICRA work? Or should it be done away with?
Guests:
San Francisco Medical Malpractice Attorney Erik Peterson.
Vice Chair to the American College of Obstetricians & Gynecologists and the Chair of ACOG’s Legislative Committee Dr. Phillip Diamond.
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Renee Bakos
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Re meaningful reform : From Med mal claims pro since 1985- Doing it every day.
- Get rid of joint and several liability, as those with insurance pay for those that do not. Not just.
- Loser pays the court costs. Why not? creates frugality, stimulates settlement..
- expert affidavits prior to every suit – creates integrity.
- a frivelous suit statute with fines for claims without merit. Liability, causation and damages all 3 required.
- Cap only the pain and suffering cause of action, the amount of the cap can be debated. Neither side can argue what is too much or too little. It is a subjective concept with no objective ruler. There is no scale for pain. Money is a poor ruler. How about a $500k max? Every other element of damages can be measured but this one.
- How about one expert per defendant for each side to handle liability, causation and damages.
- How about examining the definition of “peer”, look it up in any dictionary of your choice. docs dont get peers, you know, similiar rank and station in society. Arbitration fixes this. In 25 years never has a plaintiff atty allowed a Doctor as a juror. Not just.
- How about structuring payouts, lets say everything over 250k. protects plaintiffs and helps pthe payers.
- How about all Docs need PL insurance to practice. Just like we all need car insurance to drive? This puts more money in the pool, bringing down premiums.
- Mandatory mediation at close of discovery, if arbitration cant be reasoned.
- Have a sliding scale of contingency fees so the injured get more.
- re examine vicarious liability, ostensible agency etc.
I could go on and on. Jim O’Hare VP Med mal physicians Ins Co. Fl
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Posted By
jim ohare
On
9/26/2009 7:31:12 PM
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Re meaningful reform : From Med mal claims pro since 1985- Doing it every day.
- Get rid of joint and several liability, as those with insurance pay for those that do not. Not just.
- Loser pays the court costs. Why not? creates frugality, stimulates settlement..
- expert affidavits prior to every suit – creates integrity.
- a frivelous suit statute with fines for claims without merit. Liability, causation and damages all 3 required.
- Cap only the pain and suffering cause of action, the amount of the cap can be debated. Neither side can argue what is too much or too little. It is a subjective concept with no objective ruler. There is no scale for pain. Money is a poor ruler. How about a $500k max? Every other element of damages can be measured but this one.
- How about one expert per defendant for each side to handle liability, causation and damages.
- How about examining the definition of “peer”, look it up in any dictionary of your choice. docs dont get peers, you know, similiar rank and station in society. Arbitration fixes this. In 25 years never has a plaintiff atty allowed a Doctor as a juror. Not just.
- How about structuring payouts, lets say everything over 250k. protects plaintiffs and helps pthe payers.
- How about all Docs need PL insurance to practice. Just like we all need car insurance to drive? This puts more money in the pool, bringing down premiums.
- Mandatory mediation at close of discovery, if arbitration cant be reasoned.
- Have a sliding scale of contingency fees so the injured get more.
- re examine vicarious liability, ostensible agency etc.
I could go on and on. Jim O’Hare VP Med mal physicians Ins Co. Fl
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Posted By
jim ohare
On
9/26/2009 7:28:19 PM
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Today's medical professional liability system is too adversarial and too expensive. There are alternatives. More at http://www.healthcaretownhall.com/?p=1596.
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Posted By
Jeremy Engdahl-Johnson
On
9/24/2009 8:20:03 PM
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