Quote:
Originally Posted by SteveZ
I'm the first to admit how often I can be wrong. But, just a little, you may not be totally right, either.
However, I do know why people sue. When the technical jargon is stripped away, the underlying story is almost always the same - disrespect, disbelief and lack of trust.
The "jackpot" mentality does exist, but why? How does one convince a population that there is going to be no gain to such suits because the suit will fail due to jury empathy with the physician? And until the medical profession can regain that public confidence, juries will continue to see the suing party as one-of-their-own and the physician as the outsider. That is not right in any sense of the law, but it is what happens.
Are there attorneys who encourage and take cases they shouldn't? Yes! No profession is perfect. Just as there are physicians who perform needless tests for no medical reason, but do so as back-up evidence in case they are sued, and that small minority of others who practice money-collection rather than medicine. We all wish we could rid ourselves of the scurrilous minority in the professions who gets the bulwark of the publicity and we all defend against.
The "walk a couple miles in my shoes" comment goes both ways. I've seen the public after-the-litigious-event and am only sharing what I have received. Of course there are dedicated medical professionals, as there are dedicated all-kinds-of-professionals (including lawyers). However, not wanting to recognize why a problem exists usually results in no change in the situation - or worse.
There was never an intent to insult. And I'm sure your comments regarding lawyers were not meant either as a castigation of the entire legal profession. We all need to examine our professional worlds for where they work, are out of kilter, and where change is necessary for the betterment of all. We are indeed proud of those within our profession - and that is a large majority - who perform ethically and admirably every day. We also loathe those who put us in the position of having to purge them from our ranks and explain to a confused public why these slugs have licenses.
So, if the medical profession sincerely wants to reduce malpractice claims, talk to those to whom the claimants come for the why and how of these claims. When we work together, and willing to amend how we do business accordingly so claims are prevented versus litigated, then costs are indeed affected for everyone.
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Never said I was totally right, wouldn't be so delusional as to think so.
Never once did I castigate the entire legal profession.
I also know very well that greed and sloth are bigger reasons for lawsuits than non compassionate or non empathetic physicians. I live and breath in this world every day, and know very well of what I speak. It is pie in the sky mentality to think that if all physicians could somehow have behavior reform that this plague would be arrested. Perhaps (and likely) in the past those were bigger reasons for suits, that simply is not the way it is in today's world. You don't have to agree, but speaking with the experience I have accrued and continue to accrue it is the truth to a great degree. One only need look at all of the commercials promising money for malpractice and drug reactions. It is a part of our culture at this point. That being said, poor communication can increase one's odds of being sued, it simply is no longer the primary reason by any stretch.
I have seen countless patients come in after minor fender benders, slight slips in walmart, and a plethora of other "non injuries" becuase "my lawyer told me to come get checked out". Most of these will get a small settlment to make them go away.
I have seen families sue for expected poor outcomes on terminally ill patients, sue for normal post op complications, nearly all of them without merit and simply for a quick settlement check. Thats the real world. I really hope everyone takes the time to do a little research before making blanket pronouncments that simply are not accurate.
Probably as important as anything else in all of this is what it shows on a larger scale. The problems with health care in general are broad and complicated in some ways. People with little experience or knowledge of the inner workings of this mess will ultimately not take the time to be open minded and the effort to learn. They will base opinions on what the media, politicians, and other ill informed sources offer. It really takes patience, effort , and an open mind to begin to view other aspects of the bigger picture at large. I don't purport to know everything, but I will speak of what I do know without hesitation and with honesty, and hope that it affords people that are willing to learn a little insight they might otherwise have missed. I have found that when I partake in others real world knowledge and experiences I am enlighted in ways I might have otherwise missed.