One of my colleagues was recently sued after a patient presented to him after a finger injury. The middle phalange was crushed into 5 different pieces, with jagged, open wounds to the finger and some tissue loss. My colleague blocked the finger, irrigated the wound, placed her on antibiotics, contacted the local hand-surgeon, and set up an appointment the next day to for the patient to be seen. The patient went the next day and the hand surgeon recommended amputation of the finger. The patient refused and left without being treated. She presented to a different orthopedic surgeon a few days after that when the wound became infected, requiring amputation. The doctor (who wasn't a hand surgeon) said he could have saved her finger if he had seen her initially, but since it was infected, he needed to amputate it.
My colleague is being sued because she claims that he looked at her wound, exclaimed, "That ain't good", removed a piece of bone from the wound, inspected the shard of bone, and then shoved it back in the wound. Of course, my colleague claims that is ludicrous and I believe he wouldn't do that.
Moral of the story:
1. Patients lie. You will hear your own words twisted into monstrous things. You will watch your actions twisted into portrayals, which only vaguely resemble your memories.
It is IMPERITIVE that we have malpractice reform to protect us. Anybody who says different is a traitor to the cause, and should be run out of the practice of medicine.
We MUST be tried by a jury of our peers (doctors, not lay-people). Only then can these ludicrous claims be sorted out by people who can look at the literature and look at the facts of the case and make a good decision.
We MUST be innocent until proven guilty like the rest of the people in the criminal justice system. Currently, the standard is that we are guilty if it is probable, not beyond a shadow of a doubt. Suspected murderers are treated better than us in court.
Court costs for the winning case MUST be paid be the loser, to discourage the lottery-like mentality that lawyers currently have in litigation. Where is the downside to suing? The vast majority of the time, the opposition just folds and settles for large sums of money and the litigators, client and lawyer, become filthy rich, even when no malpractice was committed.