New York – Emotions Run Strong As State Considers Medical Malpractice Cap

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    New York – Governor Cuomo’s plan to cap medical malpractice claims faces an uncertain future in the state Legislature, which is now the object of intense lobbying from competing interests, both for and against. NY1’s Josh Robin filed the following report.

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    State lawmakers visited the Lowes Regency Hotel on Park Avenue Friday to hear hospital executives tell them about the burden of malpractice costs. But before they entered, they first had to see pictures of young Jake Brower: a week before his brain surgery seven years ago for a benign cyst, then after.

    “We’re gonna sell out these little kids, and we’re gonna sell out the victims of medical malpractice,” said Jake Brower’s father, John Brower.

    The Browers received $13.3 million from the hospital and surgeons they say are behind the fungal infection that will leave Jake requiring around the clock care for the rest of his life.

    “And I think that if hospitals and doctors practiced medicine better and that they employ doctors to practice medicine better then they could contain the costs of medical malpractice because they wouldn’t have as many lawsuits,” Brower said.

    “Last year, Maimonides spent $41 million on malpractice. This year, even though we became safer, we’re spending $46 million, so that’s a five percent increase,” said Maimonides Medical Center CEO Pamela Brier.

    More babies are born at Maimonides than at any hospital across the state. But that comes at a price. In fact, the hospital says it loses $1,500 for every birth there.

    That has a state commission recommending a fund for neurologically-impaired infants, and more controversially, a cap on what a jury can award for pain and suffering. It has Governor Andrew Cuomo’s blessing, but not of some fellow Democrats.

    Read full article at NY1


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    16 Comments
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    charliehall
    charliehall
    13 years ago

    We need a no-fault compensation system rather than the current lawsuit-based system. But remember two things:

    Under Torah law, if you cause any of five kinds of damages, you are required to compensate the damaged person fully.

    States that have capped medical malpractice awards still not found that it solves any of the problems with their healthcare systems. In Texas, things are so bad that Americans are going to Mexico for medical care.

    Buchwalter
    Buchwalter
    13 years ago

    Inserting stents in coronary artery which are not needed is malpractice, lack of diagnostic skill or misdiagnosis is malpractice, unnecessary CAT scan is malpractice, improper titration or adjustment of mammography machine is poor medicine, general anesthesia versus block infiltration or caudal anesthesia can avoid side effects. The fact is medicine has in some instances has generated large income and profits and it is hard to give them up. Finally except for malignancies a patient has some oversight and often needs instruction to maintain his health status

    Buchwalter
    Buchwalter
    13 years ago

    There is another side to the coin. Patients’ responsibility. The spinal column and the knee joints are called weight bearing . When you had a coronary bypass that does not mean that the underlying condition of arteriosclerosis is cured. Overweight can cause diabetes and unlimited cholent , kugel, cold cuts are not health improving foods. Smoking causes emphysema and many other conditions. Yes the patient must do his part and finally have the tzichus of finding an erlichen physician

    Buchwalter
    Buchwalter
    13 years ago

    Finally the fiscally responsible tea potty members of the house and other assorted followers will institute chronological triage and if this does not help maybe euthansia which would Medicare solvent and forever lasting

    Buchwalter
    Buchwalter
    13 years ago

    For every frivolous , unfounded lawsuit there are legal actions resulting from hot shot eager surgeons beckoned by profits from invasive procedures. The antidote would be [impossible] to let the public read the proceedings of these legal actions. Abandonement of patients, iatrogenic infections, fiberoptic procedures performed by incompetent professionals, misdiagnosis of malignancies, false reading of films and many more. The coverage of the patient is the bait. The referral to a dietician, P.T is less than the profit from the scalpel. The malpractice lawyers remind me of prostitution, arrest the Johns and the ladies of the night will be unemployed.

    DRSLZ
    DRSLZ
    13 years ago

    Dr. Hall’s analysis is correct.

    Studies have shown that many of the patients whose families receive payments did not experience medical malpractice, and many of those who really did experience medical malpractice do not end up suing their health care providers. A bad outcome does not mean malpractice occurred.

    If subspecialists like neurosurgeons and obstetricians face huge yearly malpractice premiums, they will either practice “defensive medicine,” or go elsewhere. Places like the Bronx will end up with fewer and fewer of such specialists.

    The costs of these exhorbitant premiums thus include major changes in medical and surgical care in communities.

    This is a very complicated situation.