WEEKLY BULLETIN: 20 FEBRUARY 2015

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In your 20 years of practice, have you detected any shifts in the handling or perception of medical malpractice? Proponents of “tort” or “malpractice” reform often argue that there are too many medicalmalpractice claims. In reality, the number of claims is declining. Despite this, the perception of “lawsuits gone wild” exists. As a result, many states have imposed substantial limits on damage awards in medical-malpractice claims. These award limits typically have the greatest impact on patients who are most gravely hurt—those with catastrophic injuries and a lifetime of future medical needs. And patients who are denied justice in the courts must rely on health insurance and, in many instances, such public programs as Medicare or Medicaid to pay their future medical bills—leaving the cost of medical malpractice to the public instead of the responsible party. What are some of the most common reasons why legitimate medical-malpractice claims go unexplored? Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation. Are there certain medical procedures that are consistently at the root of medicalmalpractice suits? In my experience, it’s the health-care provider’s mental state more than the type or severity of a given procedure that’s relevant to whether a mistake occurs. Complacency often leads to errors. Likewise, “tunnel vision,” or the failure to look at the big picture, can also lead to medical mistakes. What types of cases have been the most illuminating for you? Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences. Have your experiences as a malpractice attorney affected your perception of doctors? If anything, I have more respect for physicians and the challenges that they face. However, I don’t believe that doctors should be treated differently than others when they make mistakes that cause serious harm to patients. With regard to the medical establishment, I’m a bit more jaded. Hospital systems and health-insurance companies significantly impact the quality of medical care that patients receive, and, in my opinion, that impact is not always for the best. Any final parting words of advice? Don’t be afraid to get a second opinion! And don’t be afraid to find a new doctor if you don’t feel that you’re receiving proper medical care. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, isn’t answering questions or isn’t giving you—or your condition—adequate time and attention. The above article was sourced at http://www.forbes.com/sites/learnvest/2013/05/16/10- things-you-want-to-know-about-medical-malpractice/2/.
Bid to cap medical malpractice payouts Durban - Health Minister Aaron Motsoaledi has put a radical plan on the table to limit payouts to victims of medical malpractice. Instead of lump sum payouts, for those who successfully sued the state, the minister wants them to be paid in instalments, which would cease on death, with no payments going to their families. And rather than cash payment for future medical expenses, a claimant would instead have to use public health facilities. The sweeping reforms, which would require changes to the law, have been proposed by Motsoaledi in an effort to put a cap on the spiralling medical negligence claims facing the state. During the 2012/2013 financial year, the KZN Department of Health faced medical negligence claims totalling almost R1 billion (more than R992 million). This was R300 million more than the previous financial year. There were 306 medical negligence claims in Gauteng, amounting to R1.286 billion while the Eastern Cape department faced lawsuits in excess of R875-million in the same financial year. Read the full article at http://www.iol.co.za/news/politics/bid-to-cap-medical-malpractice-payouts- 1.1813364#.VOSPRmccRMw Medical negligence costs ‘threat’ to National Health Service A soaring bill from medical negligence damages has become a threat to the National Health Service, says one of the most senior business figures in Whitehall. He said there was a question as to whether patients should lose their right to sue. The NHS Litigation Authority, which provides indemnity cover for legal claims against the health service, has set aside £26.1bn to cover outstanding liabilities, equivalent to almost a quarter of the £113bn annual health budget: £1.6bn was paid out last year. The number of claims rose almost 18 per cent in the year from March 2013. Jeremy Hunt, the health secretary, will on Wednesday announce financial sanctions for hospitals that fail to be honest about clinical mistakes, in a sign of growing concern about compensation costs. Read the full article at http://www.ft.com/cms/s/0/f4da10f6-a255-11e4-9630- 00144feab7de.html#axzz3S6NNZtrG Delhi govt asked to pay Rs 8L for medical negligence at LNJP New Delhi: The apex consumer commission has asked the Delhi government to pay over Rs 8 lakh to the kin of a 46-year-old man who died due to "gross negligence" at the staterun LNJP hospital while being subjected to radiotherapy.A bench of National Consumer Disputes Redressal Commission (NCDRC), presided by Justice D K Jain, asked the Delhi government to pay Rs 8.25 lakh to the wife and three children of Ghaziabad resident Ramveer Singh, who died in October 2004. Read the full article at http://zeenews.india.com/news/delhi/delhi-govt-asked-to-pay-rs-8l-for-medicalnegligence-at-lnjp_1538142.html
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WEEKLY BULLETIN: 20 FEBRUARY 2015

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