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To: MalcolmS
So, you think we should build a mistake allowance into the equation? Say, if a doctor makes a catastrophic mistake, but it has been 5.84 years since he made any mistakes, then the lawsuit should be dismissed?
29 posted on 05/19/2003 7:31:53 AM PDT by TaxRelief (Show GLAAD they are nothing. Donate to the Miami BoyScouts-305-364-0020)
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To: TaxRelief
So, you think we should build a mistake allowance into the equation? Say, if a doctor makes a catastrophic mistake, but it has been 5.84 years since he made any mistakes, then the lawsuit should be dismissed?

No, I'm saying that doctors are fallible human beings and we have to live with unintended consequences of requiring them to be perfect. There is a legal doctrine for this, it's a standard of reasonableness, which is being lost.

i.e.

1) If a state decides that it is going to have doctors pay out millions in the event of a death or disability, that could have, in 20/20 hindsight, been prevented, then it should not be surprised when no one wants to practice medicine there, particularly in high-risk fields.

2) If the legal or medical system tries to reduce risk by creating so many safeguards and backups and high-tech tests to reduce the effective risk to zero, the cost will rise so high that even routine care will become unaffordable.

The net end effect is that no medical care is accessible. Doctors shrug--read Atlas Shrugged. It describes the situation perfectly. Hospitals are required by law to provide costly care to people who cannot pay, at the behest of a goverment who will not cover their costs. The patients will then sue if the outcome is poor. As a result, those who can pay are charged $200 for a Tylenol tablet. But they don't notice because their insurance companies pay on their behalf. They don't notice until their employer moves to Mexico or China because health premiums are approaching 30-50% or salary costs. It's all based on a something-for-nothing looter mentality.

This does not mean that the truly incompetent, the reckless and untalented should not be rooted out and dismissed, they must be. And Doctor's associations have often not all they could to police their own.

We have to accept that we don't, and never will, live in a perfect world.

We should not hold doctors to an unreasonable standard of performance, one that the rest of the working world is not willing, or even able to live up to.

34 posted on 05/19/2003 9:38:17 AM PDT by MalcolmS (Do Not Remove This Tagline Under Penalty Of Law!)
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