The idea of restricting a patient's right to sue and recover damages when harmed by medical negligence has been resurfacing as part of the healthcare debate. I found a great example of why this does not work and hurts patients.
Indiana has laws limiting a patient's right to sue for medical mistakes. I found this article Crushed By My Own Reform by Frank Cornelius. Here is an individual who helped pass the law in Indiana limiting damages to $500,000.00 (now $1.25 million). At the time, this was praised as a way to reduce healthcare costs and encourage physicians to stay in Indiana.
He wrote his article in 1994 from his wheelchair. From what began as a fairly routine and not life-threatening procedure, developed into a series of medical mistakes which left him on a respirator and less than two years to live.
His future medical costs were projected at $5 million, yet under the law he pushed to enact, his recovery was limited to $500,000.00.
He said it well:
Medical negligence cannot be reduced simply by restricting consumers’ legal rights. That will happen only when the medical industry begins to effectively police its own. I don’t expect to see that day.
Frank Cornelius decided to devote his remaining days towards trying to prevent other state legislatures from being duped into letting medical industry wrongdoers off the hook.
Karl Truman
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General observations and facts re med mal over my 25 year claims career:Any given case is worth what the plaintiff attorney accepts. no more , no less Defense verdicts are not newsworthy, no ah-ha moment, no shock. No hollywood effect No Paul Newman.Doctors do not get a jury of their peers by any legal definition. This is an advantage for the plaintiff bar. Wouldnt a Dr be a great juror, a peer? Never saw it unchallenged by a plaintiff attorney. - 16% of Docs cause 82% of the claims. They can be discovered and dealt with. Lets do it.THe federal data bank prevents docs from changing states after numerous cases. That was why it was created.- needs more teeth.Patients that are injured only receive about 40% of the total costs! - Shouldnt it be more? contingency, experts and fees eat up the rest. Fix this the rest follows. Cut the cost by 30% and give that to the plaintiff. Change the forum.Plaintiff attorneys ( some) generally look for lotto numbers instead of making their client whole. The greatest majority do have high personal integrity.Cases with merit should be settled timely, they arent. Too much $ involved.Negligence is a complicated idea, if established, did this cause the damages? tough for a jury, tough for me at times.What sometimes looks like a horrible result , is actually a great result. not med mal.All docs should have a med mal policy to practice, they need a policy to drive a car dont they? Isnt medical care as important?Pain and suffering is a subjective notion compensated, measured, and weighed with money as the objective measurment. A cap is needed, the amount can be debated. How much is a pound of joy worth? Prevent runaway juries.Healthcare and defensive medicine due to med mal are stand alone issues. one really does not affect the other greatly. Both need fixing.Med mal will always be here and most caused by fatigue or poor communication- see fatigue again.I have counted 18 different ways that a prescription can cause serious injury.Fix healthcare- HMOs are a license to steal. I could go on all day, been doing nothing but med mal claims since 1985.Regards Jim O'Hare VP med mal Physicians Ins co - Fl
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