Posted on 08/09/2004 8:08:31 AM PDT by Osage Orange
Effects of malpractice crisis
By, May-Li Barki, M.D.
Recent discussions and controversies on the tort reform bill have largely centered on the fact that physicians may quit practicing because we can no longer afford the liability insurance. While this is true, the effect of our malpractice crisis goes much deeper.
First, what is negligence? When a physician fails to make the proper diagnosis, does it mean he or she is negligent? Doctors are trained to put a set of signs and symptoms together and construct a list of differential diagnoses, starting with the most likely cause all the way to the most rare cause. We base our actions on such assumptions. We are going to be right most of the time because most people will have what is on the top of the list. A few patients will have the more rare causes and will require further testing and multiple office visits before we can reach the proper diagnosis. This used to be the standard approach to diagnosing problems. Today, doctors are being sued if the proper diagnosis is not made right away.
In order not to miss anything, doctors are forced to run a whole battery of tests, many of which may be unnecessary, simply so we can defend ourselves should we end up in court. This is the so-called "defensive medicine" on which we spend billions of dollars each year.
Have you ever wondered why your health insurance is so high? Many people think the money is going into the doctors' pockets. In reality, the reimbursements for physicians' services are at an all-time low. Only 16 percent or less of your health care dollars are paid to doctors. The rest goes to hospitals, insurance companies, paying for defensive medicine, etc.
I am an obstetrician-gynecologist (OB-GYN), so I not only make diagnoses every day, I also deliver babies and perform surgeries. When we have a "bad baby," most people think the doctor must have done something wrong. He or she should have done a Caesarean section sooner. Many lawsuits have been filed with such assumptions, and large judgments have been granted in favor of the plaintiffs because the jurors feel badly for the child and the family.
In recent years, the rate of Caesarean sections has nearly doubled, yet the incidence of cerebral palsy has not changed. Will we continue to do a lot of Caesarean sections? Yes, because we can't afford not to; as long as we are accused of what society calls "negligence" each time a baby does not turn out perfectly, the rate of Caesarean sections will continue.
Speaking of surgery: When there are complications, is the doctor negligent? In today's climate, most people would think so. If the doctor does what he or she is supposed to do, nothing bad should happen, right? I tell you, from a patient's standpoint, that is simply not true. I recently had surgery myself. I had complications that required two additional surgeries. I know my surgeon well. I know he is technically superb. I have no doubt he did the very best he could for me, but I had the complications anyway. If I did not know any better, I probably would have contacted an attorney.
When I graduated from medical school, OB-GYN was a desired specialty. It was difficult to gain acceptance into a training program. Last year, one out of four residency positions in OB-GYN was filled with foreign medical-school graduates because U.S. graduates do not want the kind of life I have as an OB-GYN.
So if you think the malpractice crisis only affects doctors' pocketbooks, think again. You are already paying for it in a big way, and you have not seen the worst of it yet. I am a doctor, but I am a patient, too. I want good doctors to be around to take care of me, and I want reasonable health-insurance premiums just like you.
The so-called tort reform that was passed recently is nothing but a sham, and it solved nothing. If we want to try to fix our broken health care system, we must elect politicians who truly understand the crisis and have the courage to seek real reform. They have the power to make new laws, but the people have the say as to who gets that power.
Find out where your candidates stand on the health care issues and let your vote count. Do something before our health care system crashes!
Barki practices obstetrics and gynecology in Oklahoma City.
FRegards,
Sharon..FYI..very interesting piece..in your neck of the woods..
Rising malpractice costs are a real problem. OBGYNs are declining in numbers at a rapid rate. John Edwards and his ilk are destroying the medical community. Not to mention the constant fear for doctors of getting hauled into court everytime something goes wrong. True, there is malpractice; however, why not have a board of review examine the case and decide if the doctor should lose his license, etc. The answer, of course, is that John Edwards wants to make millions of dollars from suing doctors, hospitals, etc.
Just like why the Dems won't get rid of the IRS for personal taxation. It is a weapon that they can use against people (tax wealthy Republicans* and give it to poor Democrats). *Kerry defines "wealthy" as annual income of $200,000 - if I went to a meeting and pronounced that I was "wealthy" by making $200,000, everyone would laugh. It is just another case of Dems sticking it to anyone who has accomplished anything.
Oh...I've come to the conclusion quite some time ago.....the masses ( The "rulers" won't of course...) will have Socialist Medicine in this country. And it won't matter what party is in control....
FRegards,
She then spent a considerable amount acquiring the best that REAL medical science has to offer in her "change of life" pregnancies at age 50, fertility treatments, two higher-risk pregnancies.
Ironic, isn't it--that so many women now have trouble finding an affordable OB due to John Edwards and his circus act? Yet Elizabeth can afford the very best, and handily. She has really porked out, though. Maybe she'll be able to sue her doctors for causing her obesity.
John Edwards employed, in his Elmer Gantry routine before the jury, a "channeling" performance. He pretended to hear the little cries of the baby trying to be born--yet he's done his level best to promote partial birth abortions.
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