The Medical Malpractice Pilot Projects Starting Up

I know the local right wing blogs have been parroting the national message that no one wants to talk about; medical malpractice. They are saying that the trial lawyers run everything, and of course all of the doctors are heading to some unknown destination. None of it’s supported by anything that resembles the truth, but that doesn’t stop them.

The reality is that funding has begun for the pilot projects and medical groups are lining up to grab these grants. Hopefully, they will spend their time looking at reality. I’m a little concerned about this , after reading the insurance company’s suggestions as to what to study:

Health courts

• Cases are decided by specialized judges.
• Neutral experts are appointed by the courts.
• Timelines and compensation schedules are preset.

(I don’t understand why a system that really isn’t that many cases would have it’s own court.)

The Court Filings Tell The Truth About The Number Of Tort Cases, Mike Bryant | July 27, 2009 8:06 PM

Of interest, there is a project that got funding in New York where the involved judge has found success as he "quietly listens to heartbroken family members vent their anger". This seems to be the type of thing that the courts could provide for everyone.

Early offers

• Settlement offers are made within 180 days of claim filing.
• Payments are limited to plaintiff’s medical expenses and attorneys’ fees.
• Gross negligence must be proven to win in court.

(A higher burden to prove and money only to pay the bill. Not even wage loss?)

Report Says If You Eliminate Lawsuits The Defendants Save Their Money And Make More, Mike Bryant | November 21, 2009 3:05 PM

Disclosure and apology programs

• Medical errors are disclosed to patient.
• Apology is issued for bad outcomes without admitting fault.
• Informed consent and communication processes are expanded.

I have always agreed with taking responsibility, the thing is, I really don’t think that is what they are doing here:

Should Doctors Say "I’m Sorry" ?, Mike Bryant | March 10, 2010 9:44 AM

Pretrial review panels

• Case merits are screened prior to trial by a panel of medical and legal experts.
• Panel conclusions can be used by either party as evidence in court.

Looks like just another barrier to the courts. When there really is no reason for it:

Minnesota Medical Liability Insurance Premiums Lowest In The Country, Mike Bryant | January 18, 2009 9:36 AM

Now, I’m not like that group of candidates running around right now who are just complaining about things. I have an idea that works. I offer up the Minnesota system. It has no caps. It has an expert affidavit system. I can sue almost anyone for anything, if I have a good faith reason to do it, but for a doctor, I need another medical professional in the same field to OK it first. Not just with a report, but with a sworn affidavit. Minnesota has some of the lowest premiums in the country, a low number of claims and best of all, a great health care system. So if we are going to look at a state , let’s look at something that works. A system that protects the consumers.