What is the real reason behind the medical malpractice crisis in this country? Could it be medical malpractice victims and “unethical lawyers” who file lawsuits solely for “time and attention” from the physician? Apparently, that”s what some doctors think.
Example number one is this quote from the doctor at Brain Blogger:
Studies have shown that patients who ultimately file a lawsuit are looking for something from the physician. Usually it is time and attention and not money. Unfortunately, money typically is the solution when it gets to that point. Unfortunately, given that the system is set up so that physicians settle out of court, the physician can be penalized by frivolous claims.
Wow-that”s a new one. Let me see if I have this straight. A person who is now unable to work and permanently disabled after a bad doctor makes a careless mistake is only bringing a lawsuit because they want the doctor”s “time and attention?”
Where is the research to support this conclusion? Has he actually talked to patients who have been victims of malpractice? Has he spoken to a young mother is permanently disfigure because a bad doctor misread her mammogram?
Here”s another doctor quote to add to the mix. The doctors over at Physician Entrepreneurs are encouraging all physicians to “band together” against frivolous medical malpractice suits. Here is the main argument from the post:
Doctors who have had enough with frivolous lawsuits have banded together to analyze frivolous lawsuits and take action to discourage unethical lawyers, their paid “experts”, and others from participating in future lawsuits .Medical Justice, launched in 2002 is a membership-based organization designed to complement tort reform and head off frivolous lawsuits.
The service started by a neurosurgeon and attorney has two important components. First, they look at the quality of the so-called expert-witness testimony..
These doctors have started a whole organization to stop “frivolous lawsuits” brought by “unethical lawyers.” Sounds pretty noble right? Not when you stop to look at the facts.
What benefit does a lawyer get for filing a frivolous lawsuit? Number one, there are sanctions and penalties against such actions. Number two (and most importantly), it would make no economic sense whatsoever for a lawyer to file a frivolous medical malpractice lawsuit. Malpractice lawyers work for free – which means that they do not get paid unless they win. Therefore, the cost of experts, research, medical records, etc. is financed personally by the attorney. If they lose or the case is thrown out, the only person that takes a hit is the lawyer. Why then would any business person in their right mind waste resources on a case that has no merit. Here, at MinFirm we screen out and reject about 100 cases for each one we take. Each case is screened by a lawyer, a nurse and a doctor before it ever gets to court.
Like MinFirm, most malpractice attorneys are very selective in the cases that they take. Lawyers may have a reputation for a lot of things, but they are definitely not stupid. And in my opinion, putting out thousands of dollars to bring a frivolous lawsuit is stupid.
It”s even more stupid to suggest that victims of malpractice bring suits for “time and attention” from their doctor. I”m pretty confident that people can find a more constructive way to make friends and get attention than submitting themselves to scrutiny by defense lawyers hired by billion dollar insurance companies.
Sounds to me like these “doctors” are really just the mouth pieces for the insurance industry lobbyist. The majority of good caring doctors believe that patients are entitled to be fairly compensated for injuries by bad doctors. The insurance industry efforts would be better spent “banding together” measures to implement safety procedures and standards to stop incidents of medical malpractice and weeding out doctors that carelessly hurt people.
For further information on medical malpractice lawsuits in New Jersey or Pennsylvania, click on the following link:
Medical Malpractice Lawyer In NJ