(((fairchild))) I feel for you. A good fix is needed desperately for middle-class.
Addressing malpractice... Malpractice is supposed to be insurance against truly incompetent/negligent doctors. What is happening instead, as U/D pointed out, is that malpractice is being viewed as a lottery with high earning potential. Trial lawyers don't charge unless they win, so there's nothing to stop person without integrity from trying. Now I feel like ranting here, so...
...I read about how there aren't (supposedly) so many frivolous cases... but even the "minor" ones that happen ALWAYS have tremendous impact. And why do I know so many doctors who have suffered from stupid lawsuits, if they're so uncommon? The obstetrician who delivered one of our sons was called in to deliver a woman in an emergency C-section, a woman who had never come in for any prenatal care--even though she was covered under medicaid. He nicked her bladder in the operation, but sewed it up; she never knew there had been a nick except that he told her later. He saved her life and the life of her child... and she sued him for $$$$ for nicking her bladder. He settled out of court. His malpractice rates soared. He is still an obstetrician, but refuses to handle women who never had prenatal. Guess why? All it takes is one greedy person. Why should we expect doctors to keep extending their necks after being burned?
...Three years ago a guy came into the hospital here from an accident, paralyzed. He underwent an operation which was not guaranteed (which operation ever is?) to succeed, but he left the hospital walking with a cane. The docs were very happy. But... he sued, because he had to use a cane! Now, beside the financial losses, another result is that the surgical group who operated on him has sworn to never perform that particular surgery again. You would have to go to the hospital outside of the county for that---ooops, sorry, they shut down the closest one 3+ years ago, but not because of malpractice problems, but because medicaid payments were lowered while the govt steadily added many new mandates (requiring new paperwork, new staff, more overhead). Which is another problem entirely... ... So anyway: don't become paralyzed around here...
My point is, simply having a case at all causes rates to rise, even if docs win or settle out of court, because the doctor was is viewed as a liability forever in that state. ANY lawsuit, even the ones that get dismissed, cause a financial ripple, as well as intense emotional drain on doctors.
...The surgeon who worked at my husband's clinic was sued even though she followed protocol to the letter. She could have easily won the case if it had gone to trial. But it was more expensive to go to trial and win (for both insurance co. and the doctor, due to losing office/surgery time) than to simply settle out of court, she was asked to do that, with the promise that her rates would not rise. They lied. She was too emotionally drained to take them to court and win; it was easier for her to leave the state. Her marriage could not stand the toll of all this trauma.
(Not every doctor, lawyer, patient, or insurance company is evil. Most docs and patients are honest, I think, otherwise the system would have been shut down long ago. I'm not so sure about the lawyers and insurance co's. Also, I do realize that malpractice is ONLY ONE facet of this headache of a puzzle. Research and new medical treatments make costs rise, as does rising requirements which have grown the average clinic staff ratio. For example, 15 years ago there were 4 surgeons, 4 nurses, and 5 other staff in the clinic; now there are 6 providers, 5 nurses, 1 lab tech, 2 x-ray techs, and 35 varied staff to handle all the reception, billing, and other required gov't paperwork/regulations! )
...Social medicine: If medicaid patients were to see docs who were paid by the gov't, and if those docs could be protected from lawsuits by agreements that all disputes would be handled by arbitrators/mediators instead, then maybe lots of winners could emerge from this: affordable medicine, happier doctors, patients who are able to get medical care, maybe even less paperwork. Lawyers would stop chasing ambulances and look for worthy criminals. If there's a chance for socialized medicine to take a foothold here, it might first be tested and tried here, I think.
But what do I know. But I'm done ranting... I do like hearing about other experiences--successful or not.
Sorry again!
bebu
