The Need for Caps in Malpractice

Jacksonville Times-Union ^ | May 4, 2003

[gas_dr]

Patients in need of emergency medical care were able to get treatment in Jacksonville-area hospitals yesterday, despite the decision by some doctors to stop or reduce work because of rising malpractice insurance rates.

A special referral network established by hospitals and the Duval County Health Department facilitated the transfer of about a dozen patients from one hospital to another so the patients could get treatment.

[gas_dr]

I am a physician here in Jacksonville. This is what awaits all patients in America if we do not cap the insane non-economic damages -- essentially a lottery for lawyers. This is also what we face in the setting of federalized health care.

If you want to have the best healthcare in the world, i urge you to support non-economic caps in malpractice. There are currently 13 states identified as in crisis, where physicians are severely curtailing their practice because we cannot afford the insanity of the frivilous law proceedings we face. Remember, we will pay for any economic damages -- lost wages, medical care, and even $250,000 of pain and suffering, trial attorneys will no longer get 7 and 8 digit settlements, even if it means no more doctors...The lawyers have finally killed the goose that laid the golden egg.

[freeangel]

It would seem to be a simple solution to me. Do not put caps on patient injuries--but DO put caps on attorneys' fees. That should put an immediate end to those "one call that's all" lawyers. That would be a dollar cap-not a percentage.

[xJones]

I hear you and am firmly on your side. Dick Armey retired as my district's Congressman and in 2002 we elected Dr. Michael Burgess, a well-respected ob-gyn with a practice dating back over 20 years. He's certainly got an axe out for what you're describing, and mentioned it in his campaign.

[jimkress]

There should be no economic damages.

If malpractice is found, the responsible parties should be liable for all reimbursement costs required to fix the problem. If more punishment is desired then malpractice should be criminalzed and the offender(s) sent to prison.

Of course, the trial lawyers would hate this since they are uninterested in justice. All they want is the big fees. Criminaliztion would eliminate those.

[friendly]

Good post for an under-appreciated critical topic. The medical profession is not pulling out. Critical segments are being driven out of business by the disgusting lawyer industry.

The trauma care, emergency surgical, and obstetrical physicians in a growing number of states including Florida (plus Clark County, Nevada---Las Vegas) are being driven out of business due to massive malpractice premiums they cannot afford. There is no meaningful trauma care in many areas of these states. The obstetricians in particular have been run out of town by the multi-millionaire greed of the shysters.

There is a method to this madness. The democrats will enrich themselves (or at least their trial lawyer constituency), destroy the trauma and obstetrical system, and have the predictable gall to demand a federal takeover and universal health system to "correct" the non-functional, lawyer-ravaged system. I am absolutely convinced this will be lawyer-politician Hillary's agenda and main selling point when the time comes.

I think that the trial lawyers are only too happy to be a part of the democrat effort to destroy the health care system, so that the democrats will then trot themselves out of the shadows to claim to be saviors!. I strongly believe that national health care will be the cornerstone to a Hillary Clinton campaign.

One maddening thing (for the docs) about the med malpractice industry is that the suits and payouts generally bear no relationship to competence. Thus doctors who agree see the most high risk (sickest) patients are the most likely to be sued. Very sick patients are more likely to have adverse outcomes. Emergency trauma cases (often performed under insane battlefield type conditions) are the ones where sponges (pads to soak up blood) and other objects are left behind, something the democrats will never tell you. Another example is the gold mine (for crooked lawyers) who make mega-bucks off of neurosurgeons (brain injury almost always has some residual brain damage, by definition) and obstetricans (congenital blameless birth defects equals lawyer yachts and French Riviera condos).

My recommendations for this problem and for the unregulated lawyer plague that damages all of our lives in so many ways? The world would be a better place with:

1) Loser Pays. This is the law in the civilized democratic world. Waivers are given to the poor, as is the case with most reform proposals in the US to end the current astonishingly corrupt system. Loser pays is also just simple justice. Reform efforts grant exemptions for those poor that are not simply employees of law firms.

2) Massive tort reform on a unprecedented level

3) Widespread empowerment of paralegals for independent practice

4) An end to punitive damages.

5) An end to bogus class action suits.

6) Outlawing contingency fees (This is considered grossly unethical and is completely illegal in almost all other democracies).

7) Lawyers forbidden from running from office. They are agents of the judiciary. Practicing attorneys violate The Separation of Powers when they enrich their lawyer industry at public suffering. The Constitution mandates The Separation of Powers between the 3 branches of government. Lawyers are members of the Judiciary and should therefore not be eligible for the Presidency (the Executive branch) or the Congress (the Legislative branch). I believe strongly as a matter of ethics, that a lawyer like Hillary, Bill, or John Edwards must give up membership in the bar, if only temporarily, when serving in the Senate or seeking (God forbid) the Presidency. These vermin can always reapply to the bar after leaving office. It is an important ethical point. Actually someone like Hillary or Bill would not be re-admitted to the bar. Bill Clinton was in fact disbarred due to his illegal activities.

8) Most important: a total disempowerment of the bar associations. Lawyer discipline by true consumer control agencies. Regulated by an open governmental process, with all complaints against lawyers open for public inspection. Like any other industry. Government has, even for the most libertarian of tastes, basic functions to protect the nation. And the lawyer industry is a grave threat to our freedoms and democracy, make no mistake.

[mewzilla]

Docs also need to do a better job policing their own. I can't recall the last time I heard of a bad doc getting his/her license yanked.

[cynicom]

Doctors turn a blind eye when it comes to policing their own. The shyster lawyers have levereged this into a business.

[mewzilla]

There's plenty of blame to go around. That's why more needs to be done in addition to tort reform.

[cynicom]

Willie Sutton was asked why he robbed banks, his reply was, "Because thats where the money is". Also if you want to see a speechless shyster, ask one to take a malpractice suit against another shyster friend of his. He will nearely swallow his tongue and then throw you out.

[mewzilla]

And why are a lot of docs docs? That's where the money is. I can't recall the last time I had the pleasure of meeting a doc who was in it to take care of people.

[Sonny M]

You are definatley right, and I do believe in serious tort reform, I am dissapointed that it hasn't been enough of a priority with congress, but I'm hoping for progress. On the flip side, another reason, in addition to the lawyers for why alot of the insurance costs going up, had to do with the stock market (Insurance companies take the money and invest them in stocks, CD's etc, this is how they generate the revenue they need to make the payouts, and also profit), now, if dividents weren't taxed, the insurance companies would have a more steady and reliable stream of income, and wouldn't be forced to be proactive in buying and selling, it also helps that there wouldn't be anymore enrons or global crossings.

[cynicom]

I am all for tort reform, but lets not throw out the baby with the bathwater. Before tort reform, the government needs to police the medical field, not doctors. Doctors are benefited from government regulating the medical profession as to numbers. There are no complaints about this "intervention". However when the government intrudes into a medical practice there are screams.

Daily we are bombarded by the medical professionals about being overworked, underpaid. On and on. I know full well this is true. However, I would like to see the same effort put into demanding that the number of physicians be increased.

Even though the population of this country has increased by many millions since 1992, there has been little increase in numbers of medical students. These numbers are kept in check by the Federal government.

[gas_dr]

Well, you just met one who is in it to take care of people. I will not argue that I make a good living, because i do. But I also work nights, weekends and holidays. My group is committed to giving anesthesia in Jacksonville anytime there is a surgeon and operating room available. Eventhough we only have 3 anesthesiologists on call at a time, if there is a need for more, we go to work, even if we are not on-call. This is not to make money, but to make sure that the needs of the patient are met! The attorneys work business hours, go home, take weekends off, and never work holidays, unless they want to. I do not have that leisure. Docs also have at least 7 years training after college, unlike our the parasitic attorneys that only have 3 years after college work.

I do not deny that I am paid a good amount of money, but what you do not realize as is evident by your post is that what I bring home is a lot less than what I make. The AVERAGE malpractice premium for a surgeon in my nexk of the woods is pushing 200,000 dollars. Considering that the average surgeon in Jacksonville is making 285,000 (Jacksonville Times-Union) -- well you do the math. Now you see why people CANNOT AFFORD to practice.

Nearly every doc I know does it for the pleasure of caring for the sick. There, are of course a few snipers who do it for the money, but in general, when you take the money I make and then hold it against the time I put in, i would argue that there are many more lucrative business endeavors that would let me have significantly more time with my wife and kids...

[seamas]

FSU recently opened the first new medical scholl in this country in 30+ years.

[gas_dr]

Even though the population of this country has increased by many millions since 1992, there has been little increase in numbers of medical students

That is because, quite frankly, the demands that are place on us and the constant threat of losing everything one has for a bad outcome (WHICH IS NOT MALPRACTICE) has driven many bright people into professions that do not have the exposure. How can you possibly mandate more people go into medicine? This would dilute out medical talent for money grabbers by lowering the standards -- another sure way to screw up the profession. Furthermore, as a percentage, more people are being admitted to medical school as applicant numbers fall, PRECISELY BECAUSE OF THIS PROBLEM. What needs to happen is that physicians need to be allowed to practiuce without the fear of losing ABSOLUTELY EVERYTHING because of an attorney who brings a lawsuit, then demands settlement or blackmails us with dragging a suit out over 3 - 4 years. Instead of MANDATING more doctors let the free market work. That implies that we fix economic damages, but that you cannot collect the lottery for "mental anguish"...

[cynicom]

If I get sick on fri, sat or sun, the only alternative is the ER. Get sick after 5pm and the only alternative is the ER.

We may well have the worlds best medical care, that I do not doubt, getting it is another problem.

Re FSU, how many slots are they authorized by the Federal government???

[Nephi]

Here is another area in which Republicans could take Democrats to the woodshed, but for whatever reason...they aren't.

Hospitals are suffering too because of the federally mandated care they are forced to give to illegal aliens.

Between lawyers and illegals, healthcare in our country is under tremendous pressure.

I would also like to add that I'm glad that there is money in healthcare...that is why ours is the best in the world. Right, Moozilla?

[waRNmother.armyboots]

I agree with you. I am a nurse married to a Family physician and I can tell you that he sacrificed his family and health for his patients. His patients love him and have no problem telling me so in the grocery store or local home improvement center.
For the frustration, long hours, and declining health as a nurse who works as a midlevel provider ARNP, much less for physicians I can find other things to do and be paid equivalent.
As to other comments on this thread the government has already done its share of regulating the medical profession or health care industry to death. So many overhead costs are related to the "oversight" of the government.
Tort reform has to occur or people are just going to give up. My husband and I, just today sat and discussed how we could get out of this exhausting life.
In how many other professions do people have nightmares about the decisions the made or wake up in sweats wondering if they forgot to call that patient or order that medication or gave the wrong medication. True malpractice should be punished, but 99.99% of the time the suits are because life has risks, babies are not born perfect and people think every procedure, surgery or medication should be without any risk. For pete's sake getting in your car and driving to work each day has more risk and people accept that, but a physician or health care worker had to be perfect and make no mistakes. Even if no mistakes were made, they expect compensation for the fact that life does not come with guarantees and they have a false believe that absolutely nothing in their lives should be short of perfect.

[gas_dr]

If I get sick on fri, sat or sun, the only alternative is the ER. Get sick after 5pm and the only alternative is the ER.

I know a lot of family docs who want their patient to call them day or night. Answering services are set up to allow partners to cover for one another...the ER is not the only place. Let us assume, however, that your contetention is correct.

An ER doc evaluates you in the middle of the night, and determines that you are one of the 15% of true emergencies that present to an Emergency Room. Let's really go for the big stuff...you have chest pain. It appears to be heart related. The cardiac call team is brought in to do your angiography. It is not amenable to angioplasty, and your heart is really sick. You need emergency bypass surgery. In comes the cardiac surgeon, and the anesthesiologist. In the span of 3-4 hours, you have now been attended to by at least 5 physicians, and probable close to 30 allied health care staff (scrub nurses, circulators etc.) The emergency room is not a bad place to be in an emergency -- that is why we have them

But let's say, instead, you come to the ER because you have a sore throat for the past hour...yes, we are there for that, too. - I fail to see your point on the ER...it only strengthens my contention that we are here for you 24/7. Is the lawyer? No, but if you have pain and suffering from the throat swab, he will promise to get you a quick 10,000 and he does not get paid unless you get paid. Meanwhile he is home in bed, doing not a damn thing for the overall health of the patient.

But thanks to him, the ER may not even be available to you.

[gas_dr]

YOu are so correct, but the lawyers have convinced people that a bad outcome is bad malpractice, and extorted physicians using this premise. Malpractice presumes a relationship with the patient and only occurs when a standard of care has been violated...a rarity indeed.

I do agree, that the MD who commits malpractice out to lose his license and be drummed out of the profession...and that is something we physicians could be better at doing. But we have got to have the chance to do it without the constant threat of LOSING EVERYTHING WE HAVE. I wonder how long the lawyers would practice if literally every client they had could take them for all they are worth even if everything went or turned out all right?

[cynicom]

I would have to disagree with your causative anology.

We all approve of the market being in control. Supply and demand works wonders. In that vein, we need steady yearly increases in the number of medical student slots approved by the government. I will wait until I see the physicians of this country demanding this increase.

There is no restriction as to the training of shyster lawyers, yet there is for physicians. I know full well the family practioners in my small town would hate to see three or four new members move into town. Yet the place is crawling with shysters, like a plague.

[gas_dr]

I assume you are referring to the limits on residency positions in the state of New York. This is mandated by the state. An example of how the government does not know beans about healthcare. God forbid if they try to nationalize it.

[waRNmother.armyboots]

Sorry, hard to feel sorry for you. Those are docs in the ER taking care of you, too. My husband and I put in 12 to 14 hour days five days a week. No golf for us. We are so exhausted by the weekend that we do almost nothing on Saturday to try to recover in time to do it all over again on Monday. Most physicians leave medical school 1/4 million in debt(There is data on this). We paid my husband's last school loan in our youngest son's senior year in college. How would you like to carry that kind of debt to be altruistic and care for people? Especially people who complain how much "you" doctors make. All of our (3)cars had 250,000+ miles on them until last year when the Sunbird imploded and we had no choice, but to buy a car. They were not BMWs or Mercedes either, Pontiac Sunbird, GMC Jimmy and bought used Cutlass Cierra.
Would you want to be on call to people 24 hours a day and 7 days a week? Doctors take call for each other and if the practice your physician is in does not do that then find one that does if you want that kind of service.
My husband has been called at 3am by a patient wanting to know where she could get batteries for her glucose tester at that time of the morning. This is just a sample of the kind of calls he gets from people.
Most doctors are in it because they care about people. Otherwise they would be gone after about ten years of the abuse.

[spectre]

My husband's coworker had terrible back problems for years, including slipped and degenerative disks. He was in horrible pain most of the time. You get the picture.

He finally found the best Orthopedic Surgeon available in Little Rock, who would even consider operating on him.

Miracle, the operation was a huge success, the patient has been pain free and is doing great.

Now, the rest of the story. While in the hospital, the Orthopedic Surgeon asked him "how do you feel"..."GREAT", the man replied.

The surgeon then informed him, that this was the last operation he would perform, as he could no longer afford the malpractice insurance.

The Doctor was in his early 40's. Sad.

sw

[cynicom]

Perhaps you are misusing the term "we".

The overwhelming medical care is provided by the family physician. We all know that. Not the cardiac surgeons etc. Therefore the term of "we" is indeed a mischaracterization. Perhaps once in a lifetime does one come into contact with a cardiac surgeon.

I am on your side, having family members that are both physicians and shysters. However, there is indeed a need for more physicians, either increase the available slots or open the field to others, less trained, but capable of taking care of my sore throat you speak of.

[waRNmother.armyboots]

Good luck. The pool of applicants to medical school has dropped dramatically. I am not sure that opening more slots is the answer. But you would be welcome to try. Nursing schools have the slots and no students. People who are smart enough to get into these professions no longer have just these professions to choose from and now say why should I do this back breaking and mentally and emotionally exhausting work and short change my own life and family. Nursing is in a crisis. The average age of nurses in this country is 54 and the nursing schools are not full.

[cynicom]

Mother....

I then expect to see you and your husband leading a protest to Washington, demanding the training of more physicians.

[cynicom]

Mother...

Your premise of falling number of applicants is totally false and most medical schools admit this. The total number of applicants per available slot numbers remains in the hundreds. Many do not bother to apply, for various reasons. One major factor is because of the intrusion of the government into medicine.

[Former]

Alleluia! I love it! I am a registered nurse, former ICU nurse, married to a physician, who understands exactly what you are talking about. I used to be so tired, I thought my feet were going to fall off. The perfection that is expected of you is probably equal to the pressure of other professions, but the expectations are amazing. You have to be manic to be good at all that is required.
As a medical professional, you are also supposed to be adept at taxes, the law, psychology, technology, constantly changing hospital policies, medications (on the lookout for incompatibilities, side effects or drug reactions), financial responsibility (keep up with all patient charges, and if you are charge, you are responsible for cutting cost or staying within your budget, or at least making sure fellow nurses stay within the budget, whether you are present or not), charting appropriately without mistakes in wording and legibility, perfect wording/behavior with families and also fellow physicians/nurses, awareness and maintenance of policies re: responsibilities of fellow workers... you are responsible for the work of others who are under you, i.e., students, aides or L.P.N.s., or if you are a physician, you are responsible for all nurses caring for your patients. If they make a mistake, it is likely that you will be the one sued. Physicians are on call by families, ICU nurses, other physicians, patients, both in the hospital and out, emergencies and even those friends of yours and sometimes even friends of friends who want free medical advice. They are expected to be available and without complaint 24 hours a day and at the becking call of everyone. Perfection is also expected. You must have proper demeanor with families and you must be prepared to repeat anything you have already told them 3-4 times if necessary.
I could go on and on... it is amazing, if you work in it, and have any sense, you can understand the pressure on staff is unbelievable.

[waRNmother.armyboots]

No it is not totally false. I know because when my husband applied the number of applicants for available slots was much higher. My son looked into applying last year and the college(stateside) he was applying to had a five to one ratio of applicants per slot. So do not tell me that the number applying to medical schools has dropped. It has.
As to nursing schools, the slots available has dropped because they do not have the older, experienced nurses to teach.

[waRNmother.armyboots]

That would be great except who would take care of our patients while we are gone and we cannot afford the airfare. My husband and I have sent many a letter to our representatives in Washington and that will have to do.

[friendly]

The best and the brightest are not going into medical school these days. It's now 50% female in the med schools, up from 5% just a few years ago. The nursing schools are partially filled and contain lots of dummies, in my humble observation.

If you are smart and have high standards (but want a life) you go to research, engineering, computers, high tech, etc.

If you are smart and have a criminal tendency with no ethics and lots of greed, it's law school for you!

[waRNmother.armyboots]

Oops I meant that the number of applicants to medical schools HAS dropped. I meant do not tell me it has not dropped. Should proofread better, but I am irritated.

[Doe Eyes]

In that vein, we need steady yearly increases in the number of medical student slots approved by the government. I will wait until I see the physicians of this country demanding this increase.

I don't get it. You're waiting for hell to freeze over?

[Mamzelle]

LIke I've suggested to you many times, open a medical school if you think it's so cheap and easy. Whatever the Fed says, it'll always be expensive to educate a health pro, more so than educating other pros. Anything expensive will be scarce. It is very cheap to educate a lawyer.

Around 20% of all new US docs are foreign-educated for that very reason...we let other countries pay for some of this education, then lure them here. If there was a conspiracy to limit the number of docs, this wouldn't be happening.

[friendly]

There are less than two applicants for each med school slot, down from 5 or 6 for each slot twenty five years ago. Simce each applicant applies to multiple schools, a highly desirable school can have 50-100 for each slot. This explains the paradox observed by cynicom.

Personally I like older docs, remnants of the lost days when the doctors were the brighest intellectual lights in academia.

[waRNmother.armyboots]

I agree completely. I have had personal experience with family members in the hospital three times in the last four months and I was appalled at the level of competence of what passes for nursing care now. There was a time that nursing was moving toward B.S. prepared to be an RN, but now the hospitals are flooded with two year Associate Degree RNs this when the patients have become older, more complex and ill. But the marketplace economics dictate that hospitals hire what will fill the bill. Nurses are burdened with paperwork because of the government oversight and paperwork to prevent malpractice. Very little of the paperwork has anything to do with providing quality patient care.

[Mamzelle]

re: The best and the brightest are not going into medical school these days. It's now 50% female in the med schools, up from 5% just a few years ago. )))

This causes interesting ripples. Many of these women practice fewer years than men, and fewer hours per week. They are often attracted to primary care and some of the easier (I mean physically) specialities such as radio, anes, opthal...women seldom (though it is not unheard-of) are attracted to neuro, ortho or general surgery. Yes, maybe you know of one or two--but in general, this is not common.

Something these articles seldom touch upon is the sudden decline in the numbers of general surgeons--the younger surgeons who do most of the heavy lifting in trauma surgery.

The guys who sew you back together after your car wreck, or take care of the emergency appendectomy.

The next fun in this circus is what happens to the ER staff when they can't count on adequate surgical backup. Naturally, the "blame game" will shift attention to the ER docs who trained to be ER docs, not general surgeons. They can't leave the ER for the OR...

What a d*&ned mess!! All because we've ceded so much political power to the lawyers.

And it does boggle the mind that the general public would rather risk living without emergency care than cope with their Bill Bennett-sized gambling addiction.

[friendly]

Now the hospitals are flooded with two year Associate Degree RNs this when the patients have become older, more complex and ill. But the marketplace economics dictate that hospitals hire what will fill the bill. Nurses are burdened with paperwork because of the government oversight and paperwork to prevent malpractice. Very little of the paperwork has anything to do with providing quality patient

True and it is worse than that. High School drop out Aides now do a lot of what nurses used to do under nursing "supervision," a challenging task since the poor nurses are (as you pointed out) spending most of their time in psychosis-producing malpractice court-mandated and federal bureaucracy mandated paperwork. It is INSANE!!!!

[MarkL]

There should be no economic damages.

If malpractice is found, the responsible parties should be liable for all reimbursement costs required to fix the problem. If more punishment is desired then malpractice should be criminalzed and the offender(s) sent to prison.

Of course, the trial lawyers would hate this since they are uninterested in justice. All they want is the big fees. Criminaliztion would eliminate those.

I disagree... I believe that there should be a cap to non-economic damages, however, economic damages should be kept, and I believe that there should be a cap on the legal fees that can be charged against them.

For instance, if I see a Dr about a procedure, and he does something that is proven as malpractice, and ends my career as a network systems technician and instructor, he (or more importantly, his insurance company) should be responsible for "fixing me" to the point where I can go back to work. If that can't be done, then they should be responsible to my family for my medical care (should I become an invalid) and for the income lost due to the malpractice.

If someone takes away my livelyhood, due to their actions or inaction, then they should be responsible for making me whole.

Mark

[friendly]

Post # 38: Excellent observations. Authentic massive lawyer industry reforms would definitely improve health care availbility and quality.

[jimkress]

If someone takes away my livelyhood, due to their actions or inaction, then they should be responsible for making me whole.

So, you're in favor of decriminalizing assault, attempted murder, and other violent crimes, just as long as you are properly paid by your assailant?

If society needs to punish behavior, it should be punished criminally. It should not be punished in an economic manner where the only beneficiaries are parasites like trial lawyers.

[friendly]

If society needs to punish behavior, it should be punished criminally. It should not be punished in an economic manner where the only beneficiaries are parasites like trial lawyers.

It is a pleasure watch you clear logic slice through obfuscation like a hot knife into butter!

[MarkL]

I had a similar situation with a neurosurgeon for my back. He was one of the best neurosurgeons in the midwest, but now he only does consulting and teaching at universities. The surgeon that I saw did wonders for me, but I think that other than my surgery, I saw him for less than 1 hour before and after, and that was with 5 office visits! I noticed that he had 4 or 5 patients scheduled at a time. It's just to try to see enough patients to cover his insurance costs...

[oldironsides]

You are so right about the docs policing their own. They do not. The Pennsylvania doctors have had it with malpractice insurance. They have been picketing and closing offices for a week. Delaware and NJ are picking up some of these talented MDs because the rates are much lower for them there.
It does look as though we will be going to Delaware for medical treatment when we need it.

[cynicom]

One famiy member runs the health clinic at a Pa. University. Insurance is a part of the package. One friend closed his surgical practice in Pa. on Jan 1 and moved to VA.

Laws are made by shyster lawyers. They are not going to kill the cash cow.

[jimkress]

Thanks. Some replies are better than others ...

[MarkL]

So, you're in favor of decriminalizing assault, attempted murder, and other violent crimes, just as long as you are properly paid by your assailant?

If society needs to punish behavior, it should be punished criminally. It should not be punished in an economic manner where the only beneficiaries are parasites like trial lawyers.

You know, this may be the dumbest thing that I've seen or read all day, and I did watch George Stephanopolis this morning...

I don't think that I would criminalize medical malpractice, unless the Dr was doing something clearly illegal, intentionally and maliciously causing harm. Malpractice is a civil offense, not a criminal one. Do you equate a surgeon with a scalpel to a street thug with a knife?

There are clear-cut cases where malpractice spills over into the criminal areas, but in those cases, the medical provider should face BOTH criminal and civil penalties. In fact, there's a perfect example going on right now, here in KC!

There is (was) a pharmacy owner named Robert Courtney, and he's been convicted of purposely diluting cancer drugs over a number of years. He was tried in criminal court. He made millions from his scam, and may have caused the deaths of hundreds of people. Do you propose that his victims shouldn't be able to sue him for damages?

On the other hand, what about a Dr who accidentally perscribes something that the patient is clearly allergic to, and everyone misses it? Should that Dr be charged criminally? There was no malice involved: It was an accident. However, the patient, or survivors should be made whole, at least financially if possible.

Mark