Caps on Pain and Suffering: On the Defensive Across the US.

6 thoughts on “Caps on Pain and Suffering: On the Defensive Across the US.”

1. TN just passed 750K non-economic cap.

2. How can you possibly even begin a discussion on health care reform or Medicare reform until there is tort reform. Everybody has to make sacrifices to get out of this debt crises we are in. Should the only exception be attorneys?

3. I’d like to comment here as citizen, a voter, a firm believer in the necessity of tort reform. Also as a family member of a person preparing to file a claim for negligence so confounding it would sound literally unbelievable if told – which it will not be here. I’d genuinely appreciate critical and honest feedback on my opinions. A part from federally funded “studies” in state universities/hospitals – I believe the fostering of spontaneous discussion between doctors and the public (or “patients”) would be very useful. In hopes of receiving feedback and perhaps starting a dialog about the many aspects of this issue; my post will be very very… long. On this issue, and for the past two years, I’ve had lengthy discussions with various people from different backgrounds. I can say my comments and questions here echo the opinions of many other people; for any doctors who have the time/interest to participate keeping that in mind would be helpful.

   I’ll state from the outset the common understanding that, while there are a few “bad apples”, in every sector of society the majority of doctors are good! Good doctors and good people. As regards the public: patients and potential patients the same holds true – most people are well intentioned and more importantly for this discussion most people are reasonable. I think we’ll agree that there is nothing (within reason) anyone can do about what I’ll call “the litigious person” and the attorneys that cater to them. These are certain types of characters with little to no integrity and certainly not reasonable people. The only thing do be done about these people is to take defensive measures such as those provided by Medical Justice. Yes, comprehensive tort reform will eventually defend against this. That said, I propose that this litigious group and their lawyers are in the minority? They may be “a” seed, but at this point they are not the reason our healthcare is in the lamentable state it’s in, which in turn greatly burdens our economy. As the previous commentator said everyone has to his/her bit to help us out of this crisis. We know that despite housing and other bubbles our healthcare system has, for a long time, been leading us to the brink of bankruptcy. It is not sustainable – and without tort reform it can not be fixed.

   Until such legal and formal reform – the big question is why won’t doctors/hospitals consider fair arbitration and/or early disclosure and compensation? Wouldn’t such a practice make sense and help relieve the unsustainable burden? I’m talking primarily about claims with some or absolute merit. I also refer to those deemed frivolous but where it’s clear that the patient could/would likely “win” in litigation. Why is this not happening? As I said I won’t go into the details of my family member except to say it’s an absolutely legitimate claim. She has spoken to the attorneys (who does not take meritless cases) about this. She’s been told it’s an impossibility and that she’d be foolish to attempt to approach the situation in this way. Why is that? Why is it that a patient with a mind of good will (and a certificate in some cases) can not have a civil conversation with the doctor or doctors or hospitals in question; people who themselves know that there have been errors made and negligence – causing prolonged and unnecessary pain and suffering both physical and emotional?

   It’s been expressed time and again in congress and at dinner tables that doctors and hospitals are forced to practice defensive medicine. This is true! However, I propose that it’s directly because of the attitude attached to this practice that untold numbers of claims are filed by reasonable people. I would venture to say a majority of files are claimed and won because of this. I believe that the fear associated with litigation that causes defensiveness, itself in many cases leads to negligence and successful litigation on the part of a patient. We ought to contemplate and discuss this?

   Doctors/hospitals not only need to be able to say the word “sorry” to patients, I believe they must. When there is a “bad outcome” completely unrelated to error or negligence which is probably more the %90 of the time – doctors must be able to say “I’m sorry” without fear. Again going back to “the litigious person” they will file claims no matter what we say/do. Yet I propose that when the consequences of a bad outcome are very significant our response and attitude can prevent, in this case frivolous, claims. Moreover I truly believe that our response and attitude in cases where an error caused a bad outcome can also prevent claims from being filed – I even believe that some patients will seek no compensation at all for errors in this case. Obviously I’m not talking about gross and unacceptable errors. I refer to cases where despite our best intention we commit an error the consequences of which can be very significant.

   Regardless of our backgrounds, education, ethnicity and so on… there isn’t a person in this world who can’t relate to having made mistakes, or committed an error and lamented the outcome. What is preventing the medical profession from relating to and engaging in this fact as it pertains to litigation. Finally, and again, any opinions would be greatly appreciated.

   Thank you

4. Doctors are the highest paid profession in the U.S. They have immense responsibility: legally, ethically, morally, and personally. Hence the high pay grade. When a physician makes a mistake, he/she needs to admit it and pay for the damages. There has to be accountability. We do not live in an eye for an eye society.
   When doctors are allowed to have caps on their mistakes – they cannot be held accountable and society suffers. We have criminal laws to prevent people from taking revenge on careless physicians. When the law says your arm is only worth such and such and there is nothing else you can do to stop this doctor from taking someone else’s, there will always be the chance that physicians are in danger from reprisal.
   Caps destroy motivation for physicians to be careful. It is true that they are only human, but they are at the top of the pecking order in so many ways. Responsibility demands that phsycians be held accountable; be it by review board or by a jury of their peers. Caps do not help any situation.
   Physicians don’t create jobs, hospitals do. And study after study shows that hospitals are not creating jobs with the money they are saving becuase of caps.
   Whoever wrote this blog is uneducated in how the medical system (and probably society) works in the U.S. works. Good luck with that – and all your money and power with no accountability.

5. John,

   I find your coments somewhat intriguing. I would argue that professional athletes are the highest paid profession in the U.S. and their only accountability is to their own income stream. I have yet to hear of a professional athlete being sued for making a mistake.

   “When doctors are allowed to have caps on their mistakes – they cannot be held accountable and society suffers” The caps in the litigation listed are anywhere between $250,000 and $1.25 million. This is not sandwich money and is a significant motivator to “be perfect”.

   Lastly, as an employee in a small private practice I take exception to your comment. “Physicians don’t create jobs, hospitals do.” There are 9other employees in the office who would also disagree.

6. I would like to leave a comment about tort reform and caps in the state of FLORIDA. If you are single, over 25 and have no dependents then if you die in the hospital due to negligents, then your loved ones have no real recourse in filing suit against that doctor or hospitals. You may sue, however you will end up paying your attorney more than you are awarded which is about enough to pay for the funeral expenses.

   WHY? You might ask. The answer can be seen as you drive through the very first city on I-95, Jacksonville. All these HUGE GORGEOUS SKYSCRAPERS WITH NAMES OF INSURANCE COMPANIES ADORNING THEM!!!!! Through thier lobbiest they have managed to allow Bad doctors to get away with murder.

   If I were you living in FLORIDA….I don’t care how old you are, if you are single and have no dependents make sure you have an experienced, caring doctor…or you may just get neglected over that family man with 6 kids.

   I think it is unconsciencable that a law like this even exist. I am glad that I don’t live in those stupid states….unfortunately my 38 year old single brother who died of a drug reaction. He died after the doctor decided to give him another shot after he was in the hospital already for 2 weeks due to a drug reaction. The doctor failed to recognize that my brother was showing undeniable syptoms of Steven Johnson Syndrome which turned into something worse called TENS and my only sibling is DEAD!!! We don’t care about the money, but that doctor needs to be educated in some fashion.

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