By: Andrew J. Barovick

Andrew J. Barovick — Sat, 16 Jan 2010 15:44:56 +0000

I think you’ve made some excellent points. The example you cite is heartbreaking, and a no fault system would likely be the best thing for such a patient. It would also be helpful for those who have been wronged by medical negligence, would be able to prove it in court, but lack the severe damages that make their case worth pursuing to attorneys. These people are now left with no real option, other than complaining to state disciplinary boards.
I have to disagree with you about what medical disciplinary would do to halt the “bad apples.” In my experience, and based on lots of reading on the topic, such disciplinary boards take little to no action to suspend or revoke licenses until the doctor has committed the equivalent of mass murder. Hospitals are just as guilty.
In some cases, this is driven by nothing but greed and profit. When I defended med mal cases, I saw that if a particular surgeon was a “rain maker” at a medical center, that hospital would just look the other way when age and incompetence began to force bad outcomes for that surgeon.
Anyway, I enjoyed reading your post.
Best regards,
Andy Barovick

Comments on: Perspective: Would “No Fault” be a better way?

By: Andrew J. Barovick