Saturday, July 18, 2009

The practice of Malpractice

I was reading this thing, and besmirched by many ugly Thoughts on Health Care in general, and Medicine in particular. I then felt like cold water had been thrown on me, as I realized it was Tax and Corporate policy I was mad at, and the confusion created by lawyers constituted the major Culprit. I delved into the depths of my mind, and reached the realization that the Original Sin flowed from Liability Law. I decided I should bore the children by examination of the Situation, just so the Way, the Truth, and the Light could be divined (God will condemn me for the metaphors).

The first Step will be to outline the hazards of the current Liability Law. The first destructive force resides in allowing the Gamblers to establish the magnitude of their own Wagers. Congress or Court should limit the amount of financial transference, just to remove the smell of a Lottery from the Courtroom. The second evil resides in the lack of relationship between judgement award and medical practice. The later becomes a pattern of eliminating Courtroom risk, rather than maintenance of health, or reduction of medical care Costs. The third evil comes from the Jury selection process, continually asking totally unqualified personnel to stand in judgement over professional practice–whether as Jurors, legal Representatives, or Judges. Now We turn to the manner in which Order can be derived from Chaos.

I would limit all Court judgements of Liability to a set amount per year–I would suggest something like $25,000 per year for the length of period of the Injury, plus the full Costs of the recuperative medical measures up to $100,000 per year. Legal fees are to come from the above stated amounts, but at no greater rate than $5000 per year for each legal firm. Legal awards are to be paid by shared Costs of Doctors, Hospitals, and Insurers. Doctors, Clinics, or Hospitals are to pay up to, but no more, than 1% of their Net Income after Expenses and Taxes per Award; Insurers legally bound to pay the rest of the Judgement Costs. Medical personnel, like Driving a Car, must have malpractice insurance; but Insurers should be prohibited from charging a greater amount than the above stated amount of 1% per year of Net Income of Doctor, Clinic, or Hospital. Insurers will be far more capable of establishment of Medical Review boards, than will be Courts or the Doctors themselves. Attorneys will be far more capable of establishing rightful Injury, if they perforce must bear the Court Costs until they are paid through the proscribed Payment schedule. Juries should by law be constituted so that at least One honorably employed medical professional be included in the Jury, and two previous Patients of the Defendant also are chosen for the specific Jury duty. It may sound a little unworkable, but such a Process will carry long-term benefits. lgl

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