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We hear often about all the trouble faced by US doctors-- lawsuits and malpractice insurance, and from what I can see, I suspect physicians are suffering by being forced to overpay for mal-p insurance to the point of some being forced out of practice (for example, shortage of OB-GYNs in NJ). That said, I wonder about the validity of this myth of widespread problems with enormous payouts for frivolous lawsuits, so I would really love to see data on this-- What is paid into mal-p insurance cos., what is paid out to patients, what is happening with all these supposed cases where people are being awarded these big, ridiculous and undeserved awards that patients are getting away with being 'overcompensated' for, and who are these judges and juries perpetuating this? I think I will look into this and share my findings here. Maybe starting with snopes.com....
Funny, I saw a lawyer some years ago on a malpractice consultation, and he told me that the doctors almost always win, mostly because there is an unwritten code where one dr won't testify against another.
Sadly, a friend of mine had an endometrial surgery to help her to conceive. The doctor of the illustrious clinic screwed up and punctured her uterus and quickly cauterized it. She was later told the clinic had not been equipped to handle this situation, and that she almost had to be rushed to the hospital, but luckily, they were able to get in there and take care of it... terrific...She wanted so very badly to be a mother, and was willing to go through extraordinary measures. So, after some time, she underwent invitro by the same acclaimed doctor, and was blessed and became pregnant with twins daughters. At 24 1/2 weeks, her uterus burst and her twins were delivered by emergency c-section weighing at about 1 lb. each, barely. What happened? Her uterus had burst right where he had cauterized it. She was later told by the doctor who performed her c-section that her uterus was like "tissue paper, in many pieces" and the babies were floating in her abdominal cavity when they were abruptly delivered. She was told she most likely would never carry another child. The babies went through hell, and about 4-5 weeks after they were born, one of her tiny daughters died. Today her surviving daughter is a beautfiul, smart, healthy miracle, but what about the big hole in this mother's heart that will never be filled, and the fact that she was robbed, and now cannot have more children? To my knowledge, she was unable to secure any medical expert testify on her behalf.
I am so sorry for this situation, and so she should have gotten money, for the doctor's mistake cost her a child and her ability to have more. And by grace of God, her daughter is healthy, but many preemies this small are not so lucky. It sickens me. And we Americans are fed propoganda about tort reform.
How about the issues of insurers having inherent conflict of interest to only insure healthy people. It is sad and ridiculous what has happened here. My husband says it started under Nixon, that I can't say, but I can say it is broken and I pray for a solution.
Just my 2 cents.... Jess
Dx'd AS (seronegative spondylarthopathy), Fibromyalgia 8/2007 Be happy for this moment... This moment is your life.