rs2006 said:
Hi all
Just wanted to know if anyone had any thoughts about the reality of the malpractice "crisis"--- is it more hype than it is worth or is it something that we should all be concerned about as future physicians looking at specialties? Also, what is it true that since many surgeons are not carrying malpractice insurance because it is so expensive that anesthesiologists are serving as the "deep pockets" in the OR and are therefore facing more suits-- again is this all nonsense-- just a set of lies or a reality that we should be resigned to as future physicians?.. any thoughts????
Very astute question, RS, with answers only your soul can answer.
The practice of medicine today, regardless of specialty, is done in a very litiginous society, with lawyers anxious to sue everyone when an alleged "incident" occurs. Heres my observations encompassing circa 9 years of practice.
1)This country is in dire need of tort reform. Until this comes, the endless, erroneous lawsuits will continue.
2)There are no targeted "deep pockets" in the operating room. A hungry lawyer will name everyone he can. I was once named in a suit that I didnt even do...but I pre-opped the patient the day before, so I was named (and subsequently dropped, as was the case).
3)I dont think most surgeons dont carry malpractice insurance. I've yet to meet one that doesnt have it. (I practice in Louisiana).
4)Your risk of having a malpractice suit against you is independent of where you practice, but the likelihood of the suit going to court is VERY dependent on which state you practice in. In my state, Louisiana, prior to a case being pursued, it is reviewed by a panel of physicians to determine whether or not it has validity. The panel renders their opinion. If they think there is no validity, it does not prevent pursuance of a case, but is a very strong deterrant to the prosecuting lawyer.
Also in Louisiana there is a cap on the amount of money that can be awarded in a malpractice case. Some states afford no cap.
A cuppla years ago, in a town bordering the Mississippi/Louisiana state line, many of the Mississippi doctors in the town who lived in Mississippi (where there was no malpractice cap-protection) moved their practices across the bridge into Louisiana, hence affording themselves less malpractice risk.
The reason I mentioned your SOUL previously, dude/dudette, is there is no utopia in any business. Every business has its negatives, and one of the big negatives concerning medicine today is the literally thousands of useless malpractice suits filed against physicians today, and the resultant millions of dollars spent defending them.
Thats why we have malpractice insurance.
But you have to ask yourself whether this will deter you from practicing medicine and taking great care of patients? My answer is no...actually thats not true...my answer is F#CK no. I'm a good doctor, I take good care of my patients, and I like my profession. The very occasional deposition to put a cheesy lawyer in his place is just part of the gig.
