Yet every one of those cases resulted in financial hardship to the doctor, medical staff, or hospital due to legal fees and increased malpractice insurance, not to mention additional stress on the accused. As if a surgeon who already works 12-14 hour shifts NEEDS more on his or her mind...
Indirect costs of course are passed right on to everyone else, as unnecessary studies are ordered, the most conservative and expensive medication schedules are prescribed, and patients are "encouraged" to leave the hospital as early as possible so if anything happens, it doesn't happen where the hospital can be blamed. Covering your butt is just as important to hospitals as patient care nowadays.
I'd almost like to see health care go completely back to cash-for-services, with a hard-nosed waiver signed before entering the front door. There is no right to perfect health and no right to expect perfection in a practice that by definition deals with things that are already going wrong. Criminal negligence needs to be dealt with and compensated for, but the stats are proof enough that most malpractice cases are just people pissed off that they're sick.
Maybe instead of going to court they need to go to church and ask God why they have cancer.
True malpractice horror story - Lady asks friend radiologist to do a mammogram as a favor. Radiologist helps lady get mammogram quickly, but finds suspicious lumps. Radiologist recommends immediate follow-up with skilled general practicioner. Lady thanks radiologist. 1 year later, radiologist sees lady at a party, asks about results of follow-up. Lady says she hasn't gotten around to it. Radiologist is horrified, again recommends immediate follow-up. Lady again fails to go to doctor. 1 year later, lady goes in to see doctor for something, doc feels lumps and does biopsy. Lumps are cancer, too far progressed to be easy. 2x mastectomy and chemo later, lady is alive, has no breasts, and is out for revenge. She sues original radiologist friend for failing to catch cancer, and wins large award from sympathetic jury who feels sorry for lady with no breasts even though she blew off follow-up for 2 full years.
That's the truth about the majority of malpractice lawsuits. The patient is mad about life not going perfectly well, and sues everyone who tried to help them. Even if hospital saved their life, they still sue because they're still angry at the universe. People used to go to church to deal with this, but now it's possible to wring a cash settlement out of sympathetic juries who agree that life sucks and *someone ought to PAY for this!!!!* even if there is no fault or if it was the patients fault. Because you see, we make every excuse we can think of to excuse poor behavior from people who are in poor circumstances either through bad luck or bad choices.
And everyone's health care costs go up, doctors are avoiding critically needed specialties due to high risk of lawsuits, and quality of care drops.
