How often do you hear your doctor say "I'm sorry"? Probably not a lot and one reason may be they don't want you to use that apology against them in court if they mess up.
So, they're looking for help from state lawmakers. There will be debate on Beacon Hill Wednesday over a bill that would let doctors say "I'm sorry" without admitting they made a medical mistake.
I'd like to rant, rave, and rail against this, I really would. The idea that we need yet another law to combat something this moronic just exemplifies everything that's wrong with our litigation-happy society. That enough doctors feel the need to rally for a freakin' law that allows them to express remorse without guilt is just... American.
But, really, it just makes me sad. It's sad that a doctor can't be honest with patients; that the threat of a malpractice lawsuit looms larger than proper bedside manner. This proposed bill does not exempt doctors who have legitimately made errors, so it's not like it's going to shield incompetence or malfeasance (very much like the Protection of Lawful Commerce in Arms Act - manufacturers that produce guns that are legitimately defective most certainly can be sued, but that's a different argument and time...).
And again, we respond to a bad situation by making it worse - to combat the exaggerated threat posed by overeager malpractice lawyers, we throw yet another law on the pile. Yet another law goes on the books to codify common sense - which is neither - in other words, doomed to fail from the start. The instant this is passed look for loophole after loophole; any doctor who thinks that something as trivial as a state law will protect him from a lawsuit had best hang up his stethoscope.
And in perhaps the most ironic twist of all, there are those out there who think this system will get better when we nationalize health care...
That is all.
6 comments:
Jay, the problem isn't doctors screwing up, it's lawyers(I say that as a pre-law student).
These doctors are issuing a "sorry for your loss" apology, and trial lawyers make out in court like it's an "I'm sorry I screwed up" apology.
The bill is actually a very good idea and is a policy enactment of what a lot of healthcare consultants have been saying for years now.
One of the major costs of healthcare right now is malpractice insurance and settlements. It's running between 9-12% of gross operating costs of many doctors, so it's far from trivial or overblown.
Example: my wife's grandmother had a fainting spell, shortness of breeath etc (She's 80). They took her in to get an x-ray and refused her daughter permission to accompany her. In spite of the fact that they knew she was feeling faint and had already passed out once, they left her alone in a chair for 10 minutes, where she again passed out, hitting her head and injuring herself, requiring stitches. There's more to the story, but it only makes the hospital look WORSE than what I already outlined.
This is the kind of shit that gets people sued. The hospital was grossly negligent and thank god the head injury wasn't too serious.
They wouldn't even apologize. She didn't get so much as an "I'm sorry," Nothing.
My in-laws damned near sued them just because of this. They could deal with the screw-up, but they'd be damned if they would put up with Negligence resulting in jury compounded with a "go fuck yourself" reply.
Eventually the hospital DID send a letter of apology, and the thing went away. No apology and they would have sued just prove a goddamned point and have the situation righted.
The law won't prevent all malpractice suits. But because Doctors and hospitals can apologize without having to worry about having the apology used against them in court, they'll do it more often, preventing a lot of needless lawsuits.
It's a very good bill. This is a reasonable stab at tort reform, something we've needed for a long time.
If health care is nationalized, they'll just to give everyone little buttons to wear that say "I'm sorry" so they don't end up with lip failure.
Jay,
If national health care ends up like military care, good luck even trying to sue for true malpractice. People will be trying to sue the government essentially, and that generally doesn't grant good odds to the plaintiff.
Anon,
Oh, believe me, I know the issue. I'm just irked that it requires a law...
Bill,
I don't think we disagree much on the basics. I just wish there was a way to address things without throwing new laws around.
Especially since the sharks, err, lawyers will find ways around the laws in approximately 8.2 nanoseconds...
True, honest-to-goodness malpractice should be dealt with swiftly and severely - like when they amputate the wrong limb. Other than that, there's a reason it's called practicing medicine...
Brigid,
If it's nationalized, I'd assume the care will be as well-run as the VA hospitals, which our veterans - who deserve only the finest care possible - will tell us is the very pinnacle of modern medicine, right?
Right?
MauserMedic,
Nationalized health care will only affect who PAYS for the service, not who provides it. There will still be incentive to sue the living daylights out of doctors, and I doubt they'll see any protection whatsoever.
After all, the Trial Lawyers Association is a POWERFUL lobby...
What a sorry mess.
I'm sorry.
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