In my area there are at least two doctors who have lost priviliges at both local hospitals for negligence and have been sued at least 6 times each. Both of them have set up their own surgery centers in the their offices and maintain an outpatient surgery setting. If something goes wrong, they send the patients to the ER of hospitals where the primary care physician is on staff to take care of the injured patient.
On the flip side, I have never been sued, yet my malpractice insurance for primary care for 09 is $32,000 with no surgery or ob, payable in 4 installments with a low interest loan, read 7%, available through a firm that contracts with my malpractice insurance company.
A way to decrease malpractice premiums and suits would be loser pays the legal fees. Both sides would have to put at least $100,000 in an escrow account. Since most injured patients do not have this, the lawyer would have to pony up the money and risk losing money for baseless suits. Legal costs to defend baseless suits can make up over 70% of the premiums.
How about getting rid of some these “expert” witnesses that often have not seen a patient in private practice in years, if ever. These expert witnesses have no clue what the local standard of care is.
What about patient responsibility? Is it the doctor’s fault that the patient does not take the BP or diabetic meds daily? I get faxes from the mail order companies about my noncompliant patients, where a 90 day BP med supply lasts 110 or more days. Who is responsible for the patient who does not exercise, won’t quit smoking, and won’t quit drinking, yet has an MI at 50 and dies?
Finally, in Canada and many countries with socialized medicine, any suits go through the government. The taxpayers get to pay the malpractice premiums and any payouts to injured patients.
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By: solo dr
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