Document Detail


The malpractice crisis in obstetrics and gynecology: is there a solution?
MedLine Citation:
PMID:  2049569     Owner:  NLM     Status:  MEDLINE    
Abstract/OtherAbstract:
The malpractice ripoff began when the no-fault automobile accident law was passed. Many lawyers were in a panic at this time and turned to medical malpractice litigation to make a living. It became the conduit to quick wealth. The patient was the loser, the lawyer the winner, and the physician often devastated by the patient's ingratitude. For a patient-plaintiff to maintain a successful lawsuit for medical negligence against a physician, four elements must be alleged and proved in a court of law: duty, breach of duty, causation, and damages. Each must be proved by a patient to prevail against a physician. Since this is very difficult to do, the lawyers have subtly brought in a new approach called maloccurrence. This is defined as a bad outcome unrelated to the quality of care provided. The lawyers need not prove the four elements to win a malpractice case; many are won on deceit and in violation of the law by introducing the concept of maloccurrence. Not only are tort reforms needed but out of court alternatives must be mandated by law or our health care delivery system will be destroyed. Government interference and the malpractice ripoff has had a devastating effect on the talent attracted to medical school, and the number of applicants is falling rapidly. The medical malpractice crisis could soon be translated into a health delivery service crisis. Concerned citizens must join together with the medical profession and leaders of the legal profession to halt this monstrous injustice. The litigation milieu has not only paralyzed the health care industry but it has had a devastating effect across the board on the way Americans live and do business. It must be solved now for justice delayed is justice denied.
Authors:
H R Barber
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Publication Detail:
Type:  Journal Article    
Journal Detail:
Title:  Bulletin of the New York Academy of Medicine     Volume:  67     ISSN:  0028-7091     ISO Abbreviation:  Bull N Y Acad Med     Publication Date:    1991 Mar-Apr
Date Detail:
Created Date:  1991-07-25     Completed Date:  1991-07-25     Revised Date:  2009-11-18    
Medline Journal Info:
Nlm Unique ID:  7505398     Medline TA:  Bull N Y Acad Med     Country:  UNITED STATES    
Other Details:
Languages:  eng     Pagination:  162-72     Citation Subset:  IM    
Affiliation:
Department of Obstetrics and Gynecology, Lenox Hill Hospital, New York, New York.
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MeSH Terms
Descriptor/Qualifier:
Cerebral Palsy
Defensive Medicine
Expert Testimony
Fees and Charges
Gynecology* / legislation & jurisprudence
Humans
Malpractice / legislation & jurisprudence*
Obstetrics* / legislation & jurisprudence
Physician-Patient Relations
Stress, Psychological
United States
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