selkirk Posted December 9, 2004 Posted December 9, 2004 (edited) Must claim the belated But do statistics=fate? I hope not! No, but at the same time if an operation is only successful 50% of the time, then you'd can't guarantee it's going to be effective on everyone. It's not necessarily the doc's fault. If there's gross negligence that's a whole different matter. Unluckily medicine isn't an exact science, the outcomes aren't absolutely predictible. I don't know if Malpractice is the only issue with rising medical costs, but I know for a fact it's driving specialists out of some areas. (ob-gyn's in WV, I have an Aunt who's an Internist just left Cleveland for Hawaii, primarily because of malpractice rate increases.) I'm all for a cap. Complete covereage of medical expenses, lost wages, etc, but there should definitely be a "pain and suffering, and emotional damages" cap, those are the ones hitting OB-Gyn's so hard. After all, how do you place a value on a childs life? Not sure about punitive damages for gross negligence though.... Edited December 9, 2004 by selkirk Quote
chucK Posted December 10, 2004 Posted December 10, 2004 Maybe one factor in the rising claims equation is because there is more negligence? Also could be that the "unfailing doctor" mystique is fading and people are more likely to file a claim when medical injury occurs? I believe there are studies that show that in states with damage caps malpractice insurance premiums tend to be lower AND rate of claims to be higher! Caps on damage seem to be the right thing in terms of reducing premiums, but wrong in terms of weakening the deterrent for negligence. Any limit on tort liability should be accompanied by some sort of additional deterrents on negligence. see this link if you're interested Quote
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