THere is a huge gray area IRT accidents and negligence, you’re right. Unfortunately, removing the only punitive remedy from the patient and deciding to give it to charity doesn’t remedy that. Nor does setting an arbitrary cap on awards, and nor does anything else suggested in this thread.
While my views aren’t nearly as colored as yours by emotion or despair, I think saying that I feel everything is “peachy” is a mischaracterization. I haven’t yet stated what I feel about the system, only that I cannot put my support behind some lame idea like donating punitive damages to charities, or arbitrarily capping awards. Nobody yet has come up with a decent idea of how to cap awards without completely fucking over someone whose life is irreparably changed or ended by a sloppy physician.
Do you know the standard to recover for medical malpractice? It’s not like they just give away money simply because someone was accidentally injured. The doctor either had to commit gross negligence or had to materially deviate from standard practices. Further, it is estimated that almost 100,000 people die each year from doctors’ negligence - so this is hardly a small matter.
So. The parents of an eight month old baby that will need constant nursing care for the rest of his life get $500K and told to enjoy themselves? And you don’t see a problem with that?
And thirty years may be right, but since World Eater has graced us with his presence again: do you know how long malpractice insurance has existed? I really wanna nail this down. And as an added bonus, I still very much would like to know what happened fifty+ years ago when someone was injured by a physician.
And qcomdrj: You gotta understand that I don’t hook someone up to a heart/lung machine during my commute then proceed to fix their ticker. Well, unless I’m running really late. But that hardly ever happens.
And World Eater: if you are really incapable of recognizing that it doesn’t matter if it’s 1% (your original figure) or 5% (the latest) of the total, the rest of those people (the 95% according to your latest figure, 99% previously) aren’t all just whiners and assholes. Some of them are really fucked up because a doctor did something wrong. Again, when you have the power of life and death over someone, your level of responsibility is just a mite higher than a garbage barge pilot. And I have yet to see a single person advocate suing because of an allergic reaction that was unknown. Once more, this time con brio: Hy-fucking-perbolize much? Ooooh, you just claimed that GaWd thinks everything is peachy. Jesus man, switch to decaf.
In spirit, yes, that many are injured. Not all by doctors however. This runs the gamut from wrong drugs given to charting errors to anything else that can happen in the hospital. Not all of them have to do with doctors. Nurses can and do result in patient deaths as well.
World Eater and I aren’t recommending that doctors be able to get away scot free. However, we are trying to get across that not all malpractice cases are won because of obvious and complete doctor ineptness.
DNA isn’t foolproof. Neither are eyewitnesses, but usually DNA is only given as statistical evidence, and more often than not is used to prove innocence than guilt. But you knew that.
No, but you take control of a 1-2 ton tool that requires training to operate. And, during the course of said operation, someone could die as a result of misuse. You are aware that misuse is dangerous, as the police enforce transgressions committed during operation. Ok, this is getting wordy. They aren’t as different as you would like me to believe. Just because you don’t hop into your car and go, “Someone could die if I screw up” doesn’t mean that you should be let off the hook if something does go wrong. Plus, the people who get killed in a car accident didn’t have to sign paperwork stating that they knew driving was dangerous, and yet they choose to do it anyway, etc.
No, I don’t know how long malpractice insurance has existed, it probably came about soon after the first lawsuit for malpractice, which probably came about soon after the first lawyer was spawned. Seeing as how medicine up to the 20th century consisted of removing the bad bile and supplementing with good bile, I can’t imagine it being more than 50 or 60 years ago.
The problem (IMO natch)is that people have placed too high a standard on doctors and medicine as a whole, got it? When doctors don’t perform up to the level of these expectations, the perception is that they failed, rather then the reality that this is a very risky business, and only so much can be done. This is one of the ways in which the system is broken. Another problem is the mentality that as soon as things go wrong, call a lawyer and go for as many millions as you can grab. This is a problem with litigation in general, and of course medicine is affected. Now, since you’re so good at shooting down our ideas of caps, and giving punitive damages to charity, let’s hear what you would do.
Sure. And the belief that doctors can fix everything is something that the masses came up with on their own, right?
Sometimes it is, yes. Creating arbitrary caps on settlements does nothing to help those people who are harmed, though. Hell, you said that if the doc fucks up, sue him. Of course, if your caps limit is enacted, then the poor schmuck who has been royally screwed can’t do a damned thing. I think that’s a bad thing.
Now, be fair. I shoot down the idea of caps on settlements. I don’t do squat inre damages going to charity. That’s a kettle of stink that I wanna stay way the hell away from. Frankly, looking at each issue individually seems like a good idea. Of course, that’s already being done, so. . . Also, while you see only those who are pissing up the system, I don’t think that every case is one that oughta be setting your teeth on edge. Are there some? You betcha. The doctor (he was a specialist, but I don’t wanna wade through this pig to find out what he was, qcomdrj told his tale of woe, I believe) who was sued because the patient had a problem that had nothing to do with the work done is a prime example. Of course, I don’t know all the facts in that case, but it sounds like bullshit. Again, how many doctors (and/or their insurance companies) just settle rather than acting like they’ve got a set?
My dad was an actuarial at Prudential. According to him, they regularly settled cases, because they had a choice between spending $1 million to successfully win a case, or $100,000 to settle. I’ll assume this is the same with medical cases as well, and yes, I realize this is anecdotal.
Just once again an example of your turning an analogy into a case and focusing on minutiae instead of getting the point. You and Worldy seem to have this act down pat.
I’ll readily admit that I don’t have a remedy, haven’t even thought of a remedy, but I guarantee you it isn’t low caps on awards or giving awards to the charity of your choice as if you’re on celebrity Jeopardy!
I also hesitate to bring this up, but this really isn’t a chalk talk seminar about how to remedy what you feel is irrepairably broken. Some of us actually have just a little bit of faith in a system that promises to take care of those who are injured and covered under the umbrella of “malpractice”. Though I don’t think it’s exactly “peachy”, I still don’t see the system being as broken as you two seem to. In fact, I think every system of law has it’s flaws and I find none of them to be “peachy”.
It has nothing to do with clebrity Jeopardy and everything to do with common sense. Punitive damages are a way of punishing a an entity by making them pay a shitload of money in hopes that they’ll want to avoid doing the same thing like the plague. Making the payment to a fund or a charity (not chosen by me :rolleyes: ) instead of the victim and their lawyer is a way to keep the punishment, yet takes the financial incentive out of the process. The hope is by lowering the astronimical sums to something realistic, ambulance chasers will look for revenue streams elsewhere. Of course I need to repeat that this is for the punitive aspect only, and that the victim should receive compensation from actual damages.
Good, we’ll have this conversation in 20 years then when you can’t find a doctor to deliver your child. The point is reform is needed now, because anyone can tell you the direction this is going is not good. Real helpful by the way that you have no suggestions on fixing things, just shooting down possible courses of action. Things will definitely change for the better with that attitude. :rolleyes:
Whatever Worldy, if you can’t see how silly your idea is and that arbitrary caps hurt only one party in a malpractice suit(hint, it’s not the doctor or insurance company), you’re deluded. I need not suggest an alternative to voice my opposition to your idea. Especially since my position in life is one of “citizen” and not “legislator”.
If you’re right, in 20 years I’ll say “Damn that Worldy was right”. But if there won’t be a collapse of the medical world due to malpractice insurance(doubt it), and more likely the collapse is cause by something like elder care costs, you’ll say, “wow, Sam was right about something for once.”
For now We’re just going to have to agree to disagree.
Y’want I should say it another way? The system is working for the most part. Sheesh.
Hokay. So insurance carriers are erring on the side of paying someone off so as to save money. How foregone was the victory of the case that they would have paid a million for? Because I would grow tired of rolling over and taking it like a man everytime, and would like to think that I would stand up for principle.
Sorry, but telling people who have actually been harmed, “Too bad, so sad, but the cap is $500K. Take it and shut up,” is in no way sensible, and I sure as hell hope that it’s not common.
Alright, let’s pretend that you’re right. Who gets to choose the charity? And how established does this charity need to be? If, say, a pentecostalist Christian wants the money to go to Snake Handler University, is that okey dokey? Howzabout the first time that a smart assed plaintiff wants the money to go to Trial Lawyers 4-Ever? Because I guarantee you that if your plan were ever (fates forfend) implemented, then the number of charities would explode, and they would all be very closely defined in their recipients. So, you’ve not helped anyone. Not doctors, not plaintiffs, not me and not you.
Ooooh, you also have a bright shiny bias.
So, you want to change the foundation of the legal system of the US so that people will no longer be allowed to sue for punitive damages for their own use. Instead they get to run their case all the way to trial so that they can make money for a charity. How is this not like Celebrity Jeopardy again?
I think caps are one possible avenue for some type of reform. As far as the amount, well obviously that needs to be fine tuned. Perhaps $500,000 isn’t enough for lifetime care, then $1,000,000 is, I don’t know, we need to find a balance. I sure as hell know that it isn’t $50,000,000, so we would all agree on that right? (not saying someone will ever get that, but you never know)
Yes well as someone who in the future may be directly affected (unless she dumps me or I get hit by a bus <knocking on wood>) it is of great concern to me. I’m glad that your mother appears to be a good doctor, because you don’t seem to be to concerned about this stuff.
Believe me, this is one thing I’d like to be dead wrong on, so I’m keeping my fingers crossed. Fwiw you are often dead on, and I’ve always respected your posts, so I take you arguement seriously, you’ve been right a lot more then once.