The main lobbying organization for the nation's trial lawyers says it is not entirely opposed to President Barack Obama's call for compromise on medical malpractice lawsuits. But the group is making clear that its support would depend on several conditions.
Obama’s prepared remarks to the American Medical Association today included a few lines about exploring a “range of ideas” so that doctors are not “constantly looking over their shoulder for fear of lawsuits.” He ruled out a cap on malpractice awards but suggested greater use of “evidence-based guidelines” — which doctors could rely on to build legal defenses.
The American Association for Justice, which lobbies for the plaintiffs’ bar, did not immediately dismiss the idea.
“Empirically-based practice guidelines, developed by independent experts, is an idea we can support, as long as it does not lower quality or standards of care. Instead, these guidelines should lead to greater patient safety,” Les Weisbrod, the association’s president, said in a statement.
Those “ifs” are not small, of course. The Obama administration is not yet pushing specific legislation, so details about who would develop the relevant guidelines and whether the total effect would “lower quality” aren’t clear.
Weisbrod, of Miller, Curtis & Weisbrod in Dallas, added: “According to the Institute of Medicine, 98,000 people die every year because of medical errors. Eliminating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention. By taking away the rights of people to hold wrongdoers accountable, the quality of health care will suffer tremendously.”
A BIG THUMBS DOWN TO O'BAMA'S PLAN TO COMPROMISE THE RIGHTS OF THE IATROGENICALLY INJURED AND DISABLED!
I have been the victim of several very serious medical malpractice injuries. My doctor's and their colleagues have repetitively TAKEN EVERY MEASURE to conceal their negligence and misconduct. After consulting with an attorney that specializes in medical malpractice, I learned that COVER-UP IS THE NORM! This highly regarded medical malpractice attorney specifically told me that 97 percent of all serious medical malpractice events are not litigated due to medical malpractice cover-up (thru false/misleading medical records, etc. etc.).
Victims of medical malpractice often lead very marginalized lives. It is truly sad that Mr. Obama is in the process of making their lot far worse.
Posted by: Susan Belski | July 11, 2009 at 01:18 PM
IF this Administration is going to move to protect doctors in any fashion regarding their potential wrongful conduct (and thereby diminish the rights of their patient-victims) it should in the same vein move to more seriously punish that small percentage of doctors who engage in the improper cover-up of their wrongful conduct thereby re-victimizing their patient(s) and their families.
Posted by: Jose Santos | June 15, 2009 at 05:04 PM