Medical Mistakes Surprisingly Common
According to one physician interviewed by CNN:
Each
hospital, whether they publicly admit it or not, and
whether or not it's discoverable in a lawsuit, has an
episode of wrong-site or wrong-patient surgery either
every year or once every few years," says Makary, who
wrote an editorial accompanying the study. "Almost
every surgeon has seen one."
You can read the full article on CNN here. Our
healthcare system, by and large, runs well for many
people. However, for those who fall victim to a
preventable medical error, the results can be
disastrous for them or their families. Too often,
tort reform focuses on limiting the ability to
compensate those who get injured by medical
malpractice without recognizing that this is why
doctors and hospitals have insurance, to compensate
the injured and their family. If tort reformers were
serious about reducing costs, they would advocate
healthcare reform to help prevent such mistakes in
the first place, not try to through salt in the
wounds of the victims by denying reasonable
compensation.
Trial By Jury
“It astonishes me to find... [that so many] of our countrymen... should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases... This is a degeneracy in the principles of liberty... which I [would not have expected for at least] four centuries." --Thomas Jefferson to William Stephens Smith, 1788. (*) FE 5:3
Medical Negligence Costs $19.5 Billion Per Year
But, according to the Society of Actuaries, the primary driving force in this cost is the fact that avoidable medical errors, a.k.a., medical mistakes or negligence, result in these costs. Further, most of the surveyed actuaries agreed that the solution is to prevent or reduce medical errors in the first place.
“Medical
errors are a significant source of lost healthcare
funds every year. For example, the study found that
$1.1 billion was from lost productivity due to
related short-term disability claims, and $1.4
billion was lost from increased death rates among
individuals who experienced medical errors. According
to a recent SOA survey, which identified ways to bend
the national healthcare cost curve, 87 percent of
actuaries believe that reducing medical errors is an
effective way to control healthcare cost trends for
the commercial population, and 88 percent believe
this to be true for the Medicare population.”
Seems simple. If the negligence never occurs, there
is no cost.
The Society of Actuaries also highlighted the five
most common medical mistakes, or errors, that
generated over 55% of the total costs. Pressure
ulcers, postoperative infections, mechanical
complications from devices, implants or grafts,
postlaminectomy syndrome, and hemorrhages
complicating a procedure round out the top
five.
U.S. Government: Medical Errors Are Leading Cause of Death
Hospital Negligence - Tips from FOX News
- Demand that all health care personnel wash their hands in front of you before they render any physical service;
- Demand that all health care personnel wear NEW gloves before drawing any blood;
- Make sure your health care provider opens new needles from new packaging in your presence;
- If any injectable medication is to be administered, it must come from a new bottle;
- If you do not feel comfortable in your current setting, ask to speak to the infection control officer at your health facility. It is your right.
Still, one wonders, how can the patient be sure that medication comes from a ‘new bottle?’ The fact is that we must trust our health care professionals and, when the professional betrays that trust, hold them accountable. If the health care industry knows they’ll be held liable for negligence, then they’ll be certain to act in a way that doesn’t break such easy and common sense rules and needlessly exposes patients to danger. This is why ‘tort reform’ should never be embraced, it throws salt on the wound of the victim and eliminates the deterrent for the health care industry.
Insurance Companies Get Richer, The Injured Get Screwed
Even more surprising? States with a ‘cap’ or maximum amount recoverable for harm actually experienced an increase in the cost of premiums.
A copy of the complete report can be downloaded and read here.
So, while everyone claims that medical malpractice insurance is getting too expensive and medical malpractice lawsuits are the problem, the real problem appears to be aggressive lobbyists hired by insurance companies are seeking to further pad the coffers and profits of the insurance industry at the expensive of people. And yet, somehow, someway, the Utah legislature is considering LOWERING the damages cap in Utah. Of course, maybe they should look first to who they are serving.... The Utah Medical Insurance Association, one of the largest providers of malpractice insurance in Utah, carries nearly a quarter billion dollars in assets ($230,718,580 as of 2008). Greed, apparently, is good for the insurance companies.
Healthcare Transparency
So, in the upcoming local legislative session, expect to hear a lot about ‘tort reform,’ very little about transparency and patient’s rights.
In the meantime, you can take some steps: tell your legislator you want a Patient’s Bill of Rights; tell your legislator you want a public system where you can go to find out background information on your doctors, healthcare providers, nurses and hospitals... after all, you can already look up your local restaurant to find out how many times the health department has cited them for violations, shouldn’t you have access to the same information for those who hold your lives in your hands? Which is more important, finding out if Taco Bell left chicken out on the counter, or knowing that surgeon who is about to cut you has been sued for malpractice more than once?
Protecting the Incompetent
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.
Medical Malpractice Crisis? Wrong.
Study by Health Affairs here.
