01 March 2009
Protecting the Incompetent
03/01/09 15:10 Filed in: Medical
Malpractice | Tort Reform
The
medical malpractice insurance industry again seeks to
shield the physician who negligently ignores safety
in the emergency room (3 out of the last 4 years they
tried and failed to push a similar bill). However,
this time around SB0079 attacks patients and doctors
alike. First, SB0079 raises the burden of proof for
patients injured by negligent, unskilled or poorly
trained emergency physicians by requiring a 'clear
and convincing' standard. Second, SB0079 actually
attacks physicians who dare to offer opinions
critical of their peers. Physicians who testify
against other physicians can be subjected to
discipline for offering their honest opinion and
criticism.
SB0079 shields the unskilled, poorly trained or plain negligent emergency room physician with a blanket immunity, allowing such physicians to remain unaccountable and in practice for all but the most horrific deaths or injuries in emergency rooms.
Raising the standard of proof for injuries from "preponderance of the evidence" to "clear and convincing" evidence is a solution looking for a problem. Already, Utah law takes into account the heated circumstances in an emergency room by requiring that physicians exercise reasonable care under those circumstances. Moreover, there have only been a few emergency room cases filed in the last few years. It makes no sense to shield these minority actors from legitimate claims by intimidating physicians who dare to offer critical testimony through potential disciplinary action.
If you find this intimidation tactic legislation offensive, contact your state legislator and voice your opinion. You can find your state representative by clicking here for help finding your district and representative.
SB0079 shields the unskilled, poorly trained or plain negligent emergency room physician with a blanket immunity, allowing such physicians to remain unaccountable and in practice for all but the most horrific deaths or injuries in emergency rooms.
Raising the standard of proof for injuries from "preponderance of the evidence" to "clear and convincing" evidence is a solution looking for a problem. Already, Utah law takes into account the heated circumstances in an emergency room by requiring that physicians exercise reasonable care under those circumstances. Moreover, there have only been a few emergency room cases filed in the last few years. It makes no sense to shield these minority actors from legitimate claims by intimidating physicians who dare to offer critical testimony through potential disciplinary action.
If you find this intimidation tactic legislation offensive, contact your state legislator and voice your opinion. You can find your state representative by clicking here for help finding your district and representative.
