Around the Big Ten

[UMStan White]

"the incentives that drive their cases"

I assume you mean our fees. Do you have even the slightest clue what the costs are of bringing a major plaintiff's case is? It can easily exceed a million dollars and we foot that bill, eating those expenses if we lose. People who blame lawyers for "frivolous cases" just to make a buck have no idea what the economics of litigation are. No lawyer could ever survive bringing "frivolous" lawsuits. You'd be broke in a year. Let me ask you this Doc, and ask for a response. Here in Indiana every single doctor I have dealt with wants anywhere form $1,000 to $4,000 AN HOUR to give a deposition that is nothing more than yeah, I treated your client, and yeah the injury was caused by trauma. Rates really go up when you need the Doctor to really understand what caused an injury. Who's gouging who? And do you know that your patient has to pay that cost? I'm sorry your perspective has been "ruined" by your "unpleasant experience with personal injury attorneys". We are not the enemy.

[UMStan White]

"Stan = one of the good guys."

Don't patronize me. You don't even know me and in the past you've questioned my mental state. (not without some justification, I'll admit)

[Rob F]

lets talk instead about something we can all agree with each other on, something more calming and "Grobanesque" that will Raise Us All Up, and inspire us to all gather together in unbridaled joy and mutual respect, hold hands, and maybe even sing "Kumbaya" ---lets talk politics instead!!!

;-)

[UMStan White]

"Anyone here to take the bait?"


Before anyone jumps on my case for raising "political discussions" in a "sports forum" that's why I responded. Without the challenge I would have let it go, but Doc asked for it.

[hodgkal]

I did ask for it and should have expected the responses above. Stan makes very compelling arguments. There is merit on both sides of this issue. Stan sees one part of the elephant. I see another part. They're both real. Bad things happen all the time. It is amazing to me there aren't more lawsuits. I've made my share of errors over the years and have only been sued twice. It helps if you are up front with a patient and honest about what happened in case of a bad outcome. Just about every doctor I know has been sued.

We all make mistakes. Only the stakes are higher in the health care field. My complaint is the system we have installed to deal with the problem. And it is a big problem. It tries to assign blame to an individual when the cause of a bad outcome or incident is almost always a result of multiple systemic factors. An analogy is the airline industry where redundant systems are mandatory in all phases of a flight both in terms of equipment and also human participants. In the event of an accident it has long been acknowledged that one person is rarely the entire cause. It is the system. In an airline accident you don't wind up with a court room drama and one person sitting in the hot seat to take the blame.

There is a movement underway for health care professionals to mimic a system of reduncies now utilized in many other industries to prevent errors and accidents. It is called "six sigma" but we have a long way to go in health care since many providers still practice "on an island" without the benefit of a system.

The examples of "defensive medicine" are legion and I take issue with assertions that it is a minor factor in today's health care costs. I see it every day. A typical example is the unnecessary CT scan done on practically every person who shows up in our ER complaining of belly pain. It is a scandal that subjects a person to a very large dose of radiation and costs hundreds of dollars and rarely yields information of value, all in the fear of missing some rare condition. A thorough history and physical examination can eliminate invasive (and expensive) procedures in most cases. Preventive medicine takes many forms of unnecessary lab tests, x-rays, and over medication. Believe me Stan, doctors live in constant fear of missing something and getting handed a malpractice suit, so more tests get ordered.

When something bad happens, well, it must be someone's fault. Who gets the blame? You get the picture. I am arguing for a different system where people who get harmed get compensation but where the entire system is brought into the proceedings, not just the deep pockets. And when people are harmed they do deserve compensation. It is a complicated issue. And it gets one's blood pressure up talking about it.

[lineygoblue]

I'm not patronizing anyone here, but I know both Doc Hodgeman and Stan White and I consider both of you to be friends of mine, and a credit to your professions.

[Optimus Prime]

Wow, you used to be able to raise a family in here.

[madootra]

Hesitant to weigh in on this....but, I'll make it brief. I'm a Traveling Surgical First Assitant/CST and have scrubbed in on cases that have resulted in litigation, and have worked in OR's where sentinal events have happened while I worked there. It's rare that the incedents that resulted in a lawsuit were solely the responsibility of the surgeon.....but it does happen. The problem, as I see it, was it was almost impossible for that surgeons colleagues to testify against that surgeon....even though they deserved to get sued. I feel the same about this as I do Cops hesitancy to testify against other cops.......the lousy ones drag everyone else down, and it costs their profession tremendously.

[Paul L]

Hey- what do you call 1,000 lawyers at the bottom of the sea?...

[madootra]

I dunno......

[Paul L]

A good start!

[lineygoblue]

[madootra]

ba-da-boom! Rimshot!

OK....Whaddya call the guy who finished dead-last in Medical school?

[Jamie H]

Probably "The Defendant" in a medical malpractice case!

[madootra]

LOL.....no...