Medical Malpractice "Safe Harbors"

[docB]

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There has been growing talk of fixing the med mal crisis by providing doctors with medical "safe harbor" if we follow "best practices." This would mean that if a physician adheres to a set of rules for dealing with a given patient they could not be sued.

The obvious con to this is that someone would have to create these rules which would be a huge and extrordinarily controversial undertaking. It would also, by necessity, result in practicing "cookbook medicine."

The pro is that doctors who do appropriate workups and treatments would be shielded from liability incurred from unavoidable bad outcomes, sympathetic plaintiffs and the overall crapshoot that ensues any time a case goes to trial.

What does everyone think of this?

 

[RxnMan]

What? No, in that system, patients harmed by bad doctors would have no recourse after a bad outcome. After all, doctors already are protected by the standard of care.

 

[Stitch]

Interesting thought. The UK does something along these lines. Standard of care is established by the National Institute of Clinical Excellence (NICE). Any doc who can show that he was following the guidelines approved by NICE for a particular treament or procedure is immune from a malpractice claim. I don't have first hand experience, but I assume it works reasonably well since the couple of friends I have make fun of me (and most Americans) for 'over testing.'

I think one of the problems here is that 'standard of care' is something made up by the lawyers and defined by the courts. This is unacceptable, and if I'm going to be forced into a box, I'd rather the box made by a medical board of experts than an attorney.

 

[RxnMan]

...I think one of the problems here is that 'standard of care' is something made up by the lawyers and defined by the courts. This is unacceptable, and if I'm going to be forced into a box, I'd rather the box made by a medical board of experts than an attorney.

That's crazy - courts are designed to find the truth, so whatever a lawyer or judge says must be scientifically correct for patients. After all, lawyers act like they know everything. I mean, they do know everything.



OK, I'll add some non-sarcastic comments. Standard of care doesn't really exist, and it doesn't prevent patients filing a lawsuit when they've had bad outcome, despite adequate care. I'm in favor of tax breaks and legal protection for those who give charity care. It would protect specialists and create an incentive for them to take care of those who have nothing. This may be a place for special malpractice boards that would review cases prior to trial to help identify injured patients and screen out frivolous lawsuits.

I know docs don't argue this, but just so it is said up-front, gross negligence and incompetence need to remain punishable offenses (in one way or another) regardless of whatever other protection a "safe harbor" provides.

 

[Stitch]

This may be a place for special malpractice boards that would review cases prior to trial to help identify injured patients and screen out frivolous lawsuits.

I'm definitely for specialized courts. John Edwards (who deserves to be shot) routinely shopped extensively for expert witnesses. Having a specialized court that deals only with med mal issues and having its own board of independent attorneys and expert witnesses would be much more fair than the current lottery system.

Have you guys seen the idea of hot tubbing?

 

[tibor75]

I'm definitely for specialized courts. John Edwards (who deserves to be shot) routinely shopped extensively for expert witnesses. Having a specialized court that deals only with med mal issues and having its own board of independent attorneys and expert witnesses would be much more fair than the current lottery system.

Have you guys seen the idea of hot tubbing?

Why blame John Edwards and lawyers? Damn right if I need a lawyer, he better shop around and give me the best case he can get.

Blame the pathetic doctors that routinely on are on the take, whether for pharmaceutical industry or to be expert witnesses.

I just laugh when people think of medicine as being a noble profession.