Medical Malpractice...

[EMS_Cadet]

Hello everyone,

I'm in a high school debate class (yes, I'm still in high school! :shock:) and my teacher chose medical malpractice as the topic we will be debating. I have built a complete affirmative case (with my debate partner) and I think it's a great case for tort reform, but I would like to ask the medical professionals their opinions on several issues relating to medical malpractice............

My debate partner keeps saying, "medical professionals need to improve patient care because medical malpractice is harming people." I have several problems with that statement: 1). How do medical professionals (primarily speaking about physicians) improve patient care? (longer residencies?) 2). Will that improvement in patient care cost money?

What do you think about defensive medicine? Good or bad?

What do you think of creating "mixed" juries for medical malpractice cases? The mixed jury would be comprised of half medical professionals and half regular citizens.

My debate partner is also adamant on, "if a doctor is convicted of medical malpractice through the new mixed jury, his/her medical license will be permanently revoked. Personally, I think that's absurd! If defensive medicine is an issue, then would not that make medical professionals MORE likely to practice it in fear of losing their license? What happens if "too many" doctors get their license revoked? Wouldn't that create a national shortage?

Besides those questions, I don't have anything else to ask. If you would like to throw in your own opinion on medical malpractice, then that would be greatly appreciated.

Thanks in advance!

EMS_Cadet

[THUMPER1156]

I think revoking someones lisence should be based on the situation. The long hours & shortages doesn't excuse neglagence.When people can't trust going to dr.'s anymore because of headlines like; 'Dentist has his way with patient after bein put under'' & ''surgeons leave good limb and cut off bad one''. Theres no wunder malpractice insurance is so high.....

[Ridryder 911]

Good topic.. actually we have started going into more debate on this ourselves since we will be held accountable like a physician and get sued like one as well. It does change your outlook the 1'st time you write a prescription out.

America fortunately or unfortunately depending on how you look at it, is used to the best.. the best care, the best hospital available, the best and safest in everything and if you don't .....whoa .. look out court house!...

The good point it has made us more aware of problems and be sure that the medical community monitors itself (to a certain degree) and definitely makes medical profession more self conscious. This has started TQI (quality improvement) and review of needless procedures and constraints of some costs of procedures. Review of each of physician and staff as well of performance and education is encouraged.The bad thing is over 50% of medicine is now prophylactic (protective) and not really not needed. This does not just means way excessive medical costs (Billions every hour) but also exposing patients to undo procedures, radiation, unnecessary medicine as well.

I do believe victims of gross medical incompetence should be rewarded for their losses and damage both emotional and physical, HOWEVER there should be a cap of how much attorney and legal fees can receive on the judgment. I know that if we in U.S. was to change this there would be an immediate change in the number of litigation's that occurred and thus would change malpractice insurance affecting the medical community.

Will we ever get this to occur ? Hell no ! .... Look at each states legislative composition... hmmm see any thing similar?... The majority are trial attorneys, now do we really expect them to remove or harm their profession ?..........

Since this will not occur the debate will continue until local communities can no longer get physicians to come to their town or there are no longer O.B. or E.R. Doc's that want to take the risk, or pay the extreme malpractice fees. Some do not realize, a lot of these cases are settled out without even the physicians knowledge or defending themselves. Thus, there goes their insurance rate... form $25,000 to $35,000. I know I have a friend that is a ER Doc, and was sued and he was definitely in the right, but since the case was only for $35K the insurance agreed to pay, since it was cheaper than litigation, hence there went his insurance rate up ..

So in conclusion, yes there is a way to lower and keep quality control.. allow law suits that are warranted. Cap the recovery fee that is allowable to the attorneys. The other way whom ever lost the suit had to pay all fees and possibly counter sue. Hmmm be interesting to see ambulance chasers having to pay a couple million if they lost... definitely would change the outlook of the legal system.

Be safe,

R/R 911

[fanbuffett]

Georgia has just passed a medical malpractice cap of $350000.

[JakeEMTP]

I need to move to GA. I had to get 6 million liability, just for medic school. ( maybe that's why lol )

[EMT001]

I need to move to GA. I had to get 6 million liability, just for medic school. ( maybe that's why lol )

Your service does not pay for your malpractice insurance?

[JakeEMTP]

Your service does not pay for your malpractice insurance?

Nope, 110/yr. But remember, I'm still a Paramedic student.

[Nate]

Texas the cap is $250,000.