The problem with medical malpractice is NOT with the borderline doctor who "barely passed his boards". The problem is that the society..including you obviously..doesn't understand that a bad outcome or known complication with a difficult case...even congenital defects... ARE NOT medical malpractice.
I am appalled that you think doctors "make 250,000 dollars the first 4 months of the year". Which planet please? I ask you to really research that point as I have had a 55 % reduction in reimbursement over 11 years I 've been in practice. My colleagues and I are forced to care for indigent patients from emergency rooms...who cannot or will not pay for the state of the art services rendered...all the while assuming the liablity of care.
Many physicians are closing their practices. Do you truly understand the issue? The caps are on "punitive damages"...not economic damages. Why do you have such an out-dated view of medical professionals? Maybe you can get the trial lawyer to get out of bed the next emergency that arises at 2:00 AM!! I look forward to your reply..and your reason for straying from our party's stance on this important issue. I do like your dog.
Steve Greenhaw, MD
Valdosta, GABill Simon's Response: Straying from our "party's stance?" As I said in the article, I thought this was the party of "personal responsibility."
Tom Price's solution is to absolve emergency-room doctors of any liability except "gross negligence." But, gross negligence is not defined in the law. Is this like pornography? The court will know it when they see it?
Perhaps there also needs to be "insurance reform" whereby insurers are not allowed to group all doctors into one pool of risk. Perhaps rates should be set more on frequency of events as opposed to the highest dollar amount of risk.
Steve, the true solution lies as an amalgamation of some tort reform via dollar limits on emotional distress awards (but not $250,000 for blinding someone for life), the jury pool, and the insurance industry.
