Comments on: Warning, doctors: it’s the age of the ‘Super Loss’ malpractice suit https://ethicalnag.org/2012/04/07/super-loss-malpractice/ Marketing Ethics for the Easily Swayed Fri, 26 Aug 2016 00:40:50 +0000 hourly 1 http://wordpress.com/ By: Dr Joe Kosterich https://ethicalnag.org/2012/04/07/super-loss-malpractice/comment-page-1/#comment-32634 Wed, 11 Apr 2012 11:37:51 +0000 http://ethicalnag.org/?p=8758#comment-32634 Agree. Preventable errors are different to bad outcome where things have been done correctly or “mishaps” where genuine unavoidable error occurs. Your point about the car is valid but if the mechanic makes an error on the brakes rather than the wiper it could be more serious too!

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By: Carolyn Thomas https://ethicalnag.org/2012/04/07/super-loss-malpractice/comment-page-1/#comment-32447 Sun, 08 Apr 2012 13:34:32 +0000 http://ethicalnag.org/?p=8758#comment-32447 Hi Dr. Joe – you’re right, doctors are human and, like everybody else, do make mistakes. But if my mechanic makes a mistake in replacing my windshield wipers, it’s not going to kill me – the same can’t be said about my health care providers. Our fears as patients are about those mistakes identified as preventable errors that are actually killing us (24,000 Canadians every year). These include misdiagnoses, surgical slips, system breakdowns, inconsistent hand washing protocols, or poor communication during patient transfers. The alarming story of debriding a patient’s pressure ulcer in The Walrus article (see comment above) is a perfect example of a deadly and entirely preventable medical error. Something has to be done about what is essentially a medical crisis.

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By: Dr Joe Kosterich https://ethicalnag.org/2012/04/07/super-loss-malpractice/comment-page-1/#comment-32432 Sun, 08 Apr 2012 06:02:11 +0000 http://ethicalnag.org/?p=8758#comment-32432 The current system is unsustainable on many levels. All the money paid to a small number of individuals (in what is essentially a legal lottery) is money that is not available to others who may need some of it. Doctors are human and do make mistakes. If someone thinks you can eliminate error it would be great to hear from them. So far the only way not to make any mistakes is to not do anything.
Things are not this bad in Australia but some days I wonder why anyone (including me) is crazy enough to practice medicine or want to be a doctor.

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By: Carolyn Thomas https://ethicalnag.org/2012/04/07/super-loss-malpractice/comment-page-1/#comment-32426 Sun, 08 Apr 2012 02:35:59 +0000 http://ethicalnag.org/?p=8758#comment-32426 Bob, thanks for your astute comment – I couldn’t agree more. Yet this problem seems to be systemic, starting with profound reluctance to admit medical errors in health care, never mind address their root cause through retraining. The Harvard School of Public Health reported in 2003 that physicians document fewer than 30% of their mistakes. And 44% of specialists claimed that they were actively discouraged from reporting their medical mistakes.

Have you seen the article on medical errors in The Walrus this month? Truly frightening.

I’ve written about this previously here and here.

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By: Bob https://ethicalnag.org/2012/04/07/super-loss-malpractice/comment-page-1/#comment-32424 Sun, 08 Apr 2012 02:13:26 +0000 http://ethicalnag.org/?p=8758#comment-32424 While juries may have awarded those large amounts, the plaintiffs will never see them or anything close to them. The insurers will simply appeal and then negotiate a much reduced settlement amount within policy limits.

The real problem with malpractice is malpractice itself and the failure of the medical boards and medical profession to really do much about it. Over the last 20 years only about 2 percent of physicians have been responsible for over half of all the money paid out for malpractice. Many of this 2 percent have multiple payments in their records but no action against their licenses or clinical privileges. The way to reduce malpractice costs (and incidentally reduce injuries and deaths) is to retrain physicians who cause the bulk of the problem or restrict or revoke their licenses.

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