Monday, June 9, 2008

Lawsuits Americana

At some point a large portion of our society decided they were entitled to never face any bad luck, bad circumstance, or errors. More shockingly, many even believe that others should subvert their own blatant stupidity with detailed, ridiculous instructions and safety features. Something always has to be someone else's fault. This feeling is not only illustrated by our legal system being bloated with lawsuits, but in everyday interactions. Neighbors call the police for minor issues rather than talking it out, regulations limit what people can do and where they can go. Obviously there need to be rules, but limitless regulations will never prevent shit from happening.

This is altogether too evident in the medical profession. Shit happening has turned tragic health care mistakes into a national health care crisis. Physicians absolutely need to be held to a standard beyond any profession. Mistakes in the health field result in the most terrible of consequences. We must continue striving for the absolute best outcomes in patient health. Unfortunately, mistakes will continue to happen. No human being or machine is 100% free of errors. It is simply impossible. We will continue to hear of health care workers making mistakes which are sad and sometimes preventable in hindsight/sometimes not. What is to be done about this? According to the completely unreasonable social outlooks of many, every penny should be squeezed out of not only those directly responsible for the mishaps, but also from the institutions they are a part of. This simply must be stopped. Pain and suffering is not worth limitless resources. Obstructing the ability to give care to thousands of others because of relatively few incidents is irresponsible. How would I react if a mistake cost myself or a loved one there basic functions or life? I would be committed to assuring that any miscues were completely addressed. I would demand complete explanations. I would expect any resultant care to be completely taken care of and any previous costs removed. Other than that...Shit happens. In this setting the saying seems crude, but it does not make it any less applicable. Any malicious intent or reckless endangerment by health workers should be met with criminal punishment. The direct family of those affected by a hospital mistake should be compensated a reasonable amount for the duration of extra care, or the expected life time in cases of deaths. Under no circumstances, however, is it reasonable to award millions upon millions of dollars to individuals. This practice has made practice insurance simply ghastly and raised medical costs inordinately. These costs are passed along to consumers who must pay steeper insurance which many can't afford and have been left with no direction in cases of medical emergencies.

The Oregon Health and Science University was recently punched in the stomach by a ruling that there will be no limit placed on the amount a plaintiff can sue the university for. There malpractice insurance instantly jumped up and the university was forced to cut employees and spots from the medical school. The pain and suffering of an individual directly caused the loss of financial stability for employees at various levels and a reduction in the quality of health care and medical education. How is this the solution to errors made in medicine? How does taking resources from medical education result in better medical care? $20,000,000 is not enough for damages? There needs to be a paradigm shift.

No comments: