Would you go to a doctor that was sued for malpractice?

[disneysteve]

What do you think is the solution?

Honestly, it's been a while since I've really closely followed the malpractice issue but TORT reform is a big piece of it. Unlimited awards need to stop. Somebody who suffers damages from malpractice shouldn't be entitled to millions and millions of dollars unless there's some reasonable calculation to justify that number - like the person's NBA career was ended due to the event. But when someone making 75K gets messed up in surgery, is that really worth $10 million?

The other thing that really needs to happen is some sort of panel review to determine which cases actually have merit and should be allowed to move forward. That would save millions of dollars currently spent defending frivolous cases. Right now, you can sue for pretty much any reason no matter how silly it may be. There needs to be a system in place to terminate those cases before they go anywhere and cost the system tons of money.

[cornfieldj]

It truly does depend on the nature of the suit. One doctor with just one malpractice suit? I'd want to know what happened.

For example, my cousin is a pediatrician. He was sued by a young mother (very possibly because a lawyer encouraged her to sue) because her baby died shortly after birth.

The mother was a drug addict. The baby was born premature and had a host of issues, including (I think) drug addiction.

It's the only suit that was ever brought against him. He prevailed.

Then he went on to have a long and good career as a caring and thoughtful doctor. But yeah, he does have that malpractice suit in his past.

So just the one case wouldn't necessarily bother me.

[StormRichards]

Honestly, it's been a while since I've really closely followed the malpractice issue but TORT reform is a big piece of it. Unlimited awards need to stop. Somebody who suffers damages from malpractice shouldn't be entitled to millions and millions of dollars unless there's some reasonable calculation to justify that number - like the person's NBA career was ended due to the event. But when someone making 75K gets messed up in surgery, is that really worth $10 million?

The other thing that really needs to happen is some sort of panel review to determine which cases actually have merit and should be allowed to move forward. That would save millions of dollars currently spent defending frivolous cases. Right now, you can sue for pretty much any reason no matter how silly it may be. There needs to be a system in place to terminate those cases before they go anywhere and cost the system tons of money.

I agree that there has to be some justification at arriving at the amount of the award. The $75k & $10 million might very well make sense in some circumstances, but ludicrous in others. How young was the person? Did the person get messed up to the point that lifelong medical care will be needed? Did the outcome result in lose of earning power? $10 million could very well be reasonable depending on the answers to those and other questions.

What happens if a review panel rejects the case? Can that be appealed? What oversight is done on the review panel to make sure they are not taking away the rights of people that were truly wronged and deserving of compensation?

[disneysteve]

I agree that there has to be some justification at arriving at the amount of the award. The $75k & $10 million might very well make sense in some circumstances, but ludicrous in others. How young was the person? Did the person get messed up to the point that lifelong medical care will be needed? Did the outcome result in lose of earning power? $10 million could very well be reasonable depending on the answers to those and other questions.

What happens if a review panel rejects the case? Can that be appealed? What oversight is done on the review panel to make sure they are not taking away the rights of people that were truly wronged and deserving of compensation?

All good questions, but the bottom line is that either we have an unlimited system where people can get countless millions for relatively minor damages and can sue for any reason at all, or we put a new system in place (like most of the rest of the world) where damages are capped and frivolous suits aren't permitted to go forward. We can't have it both ways.

[LivingAlmostLarge]

You can't have it both ways. Expect that there to be unlimited lawsuits and cost of malpractice not to keep escalating unless there is a cap or limit on the lawsuits.

[mom-from-missouri]

Very rare for a doctor or pharmacy to never been named in a lawsuit. People are money hungry and think the doctors and pharmacies are rich, so its an easy way to get some cash.

I have worked as a pharmacy tech off and on since the 1980's. I don't know of a single doctor or pharmacist who has never been named in a lawsuit at least once by the time they retire.

So, yes, I would still see the doctor--unless it was criminal or severe negligence, it which case he would probably no longer have a license.

[StormRichards]

So, yes, I would still see the doctor--unless it was criminal or severe negligence, it which case he would probably no longer have a license.

This is where I disagree. The lawyers drag out these cases as long as they can to put pressure on the plaintiff to settle out of court with a non disclosure clause. You have patients that feel that they were wronged and subsequently put through emotional hell waiting for their day in court.

It was 4 or 5 years of legal back and forth nonsense before my loved one was finally offered a reasonable settlement.

[StormRichards]

So, yes, I would still see the doctor--unless it was criminal or severe negligence, it which case he would probably no longer have a license.

Here is a story where another doctor filed a whistle blower lawsuit against a doctor wrongly diagnosing patients with Cancer for profit. No criminal charges. Still has medical license at the time of the story on 2/9.

http://www.nbcmiami.com/news/local/Florida-Dermatologist-Wrongly-Diagnosed-Patients-with-Cancer-for-Profit-413361503.html

He settled with the government for $18 million, however that amount can be lowered to $5.2 if he pays before a due date. His $28 million home can't be touched.

[TexasHusker]

Like every other American, doctors can get sued by anyone, at any time, for about any thing.

That doesn't mean the suit has any merit. Often it does not.

One time, one of our stylists accidentally nicked the ear of a young customer who was being rather...unruly. Not a big deal. Next thing you know, an attorney is calling me demanding damages for trauma, pain, and suffering, or else he was going to file suit.

I hung up on him.

[PeggyHefferon]

I probably wouldn't. There are countless doctors in my network under my insurance, so it wouldn't be a big deal to pick another one.

This is my take on it as well.