woolfe9999
Diamond Member
- Mar 28, 2005
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For what it's worth, in the only two successful medical malpractice suites I've been close to (not a party to, thankfully) substantial punitive damages were awarded. Plaintiff's attorneys argued that a big punitive judgment would encourage doctors to take more care to avoid such damages in the future. It's quite an odd departure from the norm, where the lawyer argues that there is a "habit and pattern" of behavior that must be punished with a big judgment. In both cases no other behavior came to light, which led to the lawyer arguing that such behavior, although not documented to be habitual, must be discouraged with a big judgment.
One thing about tort reform that often escapes notice is that bad doctors today have the option of settlement, with the obligatory nondisclosure agreement. Thus habitually bad doctors (alcoholics, for example) pay huge insurance premiums, but that still makes being a doctor more profitable than not being a doctor. By concealing malfeasance, it becomes more likely to recur. I would much prefer a system where all claims of malpractice or malfeasance must be reported to a government oversight for adjudication, so that bad doctors or nurses were prohibited from practicing (at least until the problem is remedied, with continuing oversight) rather than punishing them (and good doctors and nurses) with high insurance premiums. And I would restrict cases to be heard by judges or panels of judges, not twelve idiots with nothing better to do than jury duty.
That may be, anecdotally, but med mal cases are no different than any other kinds of personal injury cases in this respect: punitive damages are the rare exception, not the rule. In fact, most personal injury complaints filed in civil court by plaintiffs do not even request punitive damages because their attorneys know the claim would not be credible and isn't worth the resources to pursue. And juries are not big on awarding them, especially against doctors.
Not going to disagree with what you've said in the second paragraph. Actually it is a good point. I will point out that NDA's in med mal settlements are negotiated by the parties, and plaintiffs often feel so strongly about the doctor's negligence that they do not agree to them. However, doctors DO tend to continue practicing even after settling with no NDA, or getting a public verdict against them, and sometimes even after multiple cases.
- wolf