Medical Malpractice

Today was the emergency room tort reform bill in HHS ; HB 338.

There are two sides to this, one is very tragic, and one is very pragmatic.

The examples given of malpractice during today's hearing were, well, viceral. "Good hell, how does that happen?" went through my mind once or twice when I heard some of the discriptions of what doctors did by accident.

But I noticed that all there were no Malpractice defense lawyers at the hearing; just the litigators for victims of malpractice. There were also doctors there who think that being sued constantly results in no doctors wanting to work in the ER. They said that it certainly kept specialists who, apparently, are realy important to have on hand out of the ER.

So let's say we table the bill's opponent argument that 338 is "defacto immunity" for ER workers. And let's look at the noticed parts of the issue.

I don't believe that these doctors intentionally screwing people up.

And, frankly, at a standard rate of 33% of damages, I think that the motives of litigators who oppose this bill are not exactly altruistic.

I guess I don't know the answer to how malpractice torts can be reformed. Probably because I'm not a lawyer, a doctor, or a tort-reformer. (Although I have considered being an Indian chief.) Doctors do need accountability, and our juris system needs someone to blame so damages can be awarded.

All I'm saying is something strange is afoot at the Circle-K.