Voters are being asked to pick sides in the battle over medical malpractice.
Washington state voters might be asking how they ended up deciding an issue as complicated as medical malpractice. After years of debate in Olympia, state legislators simply couldn't decide between doctors and lawyers. So now, both sides have put citizen initiatives on the ballot. The doctors' initiative would cap non-economic damages to injured patients. The lawyers' initiative would allow the state to revoke the licenses of doctors who have had three judgments against them within a ten-year period. And each side is spending millions of dollars to persuade voters that they have better solution to solve the problem of escalating malpractice premiums. In your mind, who's the culprit--greedy lawyers or bad doctors?
i think its a matter of insurance companies who feel as though they have to operate with such huge profits that it is crippling the medical industry.untill we do something about the insurance angencies, we are simply putting lip stick on pigs.
George said:
Who’s the culprit--greedy lawyers or bad doctors?
Both.
The doctors should on a three strikes your out & the lawyer should be limited to the amount they receive like 5 percent.
Jason said:
I say vote no for both. Lets get one bill the is clear, and unambiguous, instead of two that do little more than muddy the waters on such a vital issue to voters.
travis simons said:
Its the insurance companies that stand at the top of the corupt corpratocracy that rules the good old US of A these days. For the last five years
the fox has been watching the hen house in every post of the Bush administration allowing corprate
criminals to bleed us for all we are worth for energy,health care,etc, vote no on both I-330 and I-336 Last year I paid $811.00 a month for health
insurance for my family of three. Thats almost 10,000 a year. and then it only covers 80% and has a deductable of $250.00 per person. This year I cant aford it and my family does not have health insurance so if there is a catastrophic illness we will probably be a burden on the state
Mike Burke MD said:
Malpractice premiums are typically determined by the number of lawsuits and judgements awarded. OBGYN and Neurosurgeons are not the worst group of doctors. The reason OBGYN and Neurosurgeons have the highest premiums is because the attornys can get the largest awards. The public needs to realize a bad outcome is not automatically malpractice.
dwhite said:
Payouts to lawyers should be limited. Lawyers are the most despicable of all bloodsucker, and they are bleeding us all dry, mining our freedom every day for their own personal gain.
Payouts on medical malpractice to lawyers should be capped at $50,000 per year on the case, plus LEGITIMATE expenses.
The Patients need the money, not the unprincipled, undeserving lawyers who rob their own neighbors.
Drew Welk said:
The current "system", such as it is, results in immense annual expense to EVERY doctor, not just those few who practice below acceptable standards. Would we as a society accept a "malbehaviour" insurance requirement of $20,000+/year imposed on every citizen in some community, because a few citizens in that community commit crimes? That's exactly what we're doing with malpractice insurance. These costs are extortionary, unjust, indiscriminate, and ruinous to high-risk specialists, like obstetricians. Lawyers posture about "protecting" the public, even though the handful of lousy doctors who should lose their licenses always have a lawyer "protecting" them, too. It's not corporate American, George Bush, Big Insurance, corrupt CEO's, the stock market, or the AMA on this one, folks. It's your doctor, and if you trust your lawyer more than your doctor, then vote 336 and keep legal lotto in play. If you don't, vote 330 and let your doc know you supported him or her.
Shaun Vinyard said:
No on 330 and Yes on 336. And next year, a new intitiative requiring mandatory medical error reporting.
Every year in the United States, 98,000 Americans die as a result of preventable medical injuries according to the Institutes of Medicine 2001 report.
In the current atmosphere where medical 'consumers' are continually reminded that healthcare is a product, and doctors and hospitals compete for your healthcare dollars (unless you're on Medicare or Medicaid - another story) it's more than odd that there is no healthcare provider-based movement to standardize medical error reporting. Don't you think it odd that doctors and hospitals don't support mandatory medical error reporting; how many patients would they have to convince to vote for such a thing? Yes, there is talk about patient safety, especially after a highly publicized patient death. But isn't it more than strange that these same folks balk and blanch at the idea of mandatory error reporting? Did you ever ask yourself why that is? Well, if it comes up in polite conversation, they will talk around it. But that's just the tactic - they prefer not to talk about. Does that shed light upon why the Washington State Hospital Association supports 330? In a consumer-driven world like auto manufacturing and air travel, safety and product effectiveness is often referred to as an essential consumer-defined quality called transparency. When you buy a car, what criteria do you use to ensure you're not buying a deathtrap? And think about airline safety for a moment; how likely are you to fly an airlines with a consistently bad safety record? And how we know when an airline has a bad safety record - well yes, an airplane can't really crash without somebody knowing it; but there are numerous regulatory standards regarding airline safety. So in many regards, we as consumers don't have to worry about accidentally booking a tragic flight on Claptrap Airlines. But doctors can and do make tragic mistakes - mistakes that are never revealed due to nondisclosure agreements as part of every out of court settlement. In other words, planes crash every day in the world of medicine, but since the deaths occur behind closed doors, the unspoken dangers are never revealed.
And yet there is precious little public scrutiny of one of the most vulnerable exchanges between you and your provider of healthcare.
Is secret medicine really the the safest and best medicine? Your insurers, your employer, your government and especially your healthcare providers tell you that you are now a 'consumer' of healthcare. Shouldn't you have the right to know if the care you're buying is the safest if not the best, or whether you're getting a lemon? And if you get a lemon, shouldn't you and have the right of full legal redress?
dwhite said:
Quite often the professions clash - especially when a doctor is in the
witness box:
Lawyer: Now doctor, isn't it true that when a person dies in his sleep, he
doesn't know about it until the next morning?
Doctor: Did you actually pass the bar exam?
Lawyer: Doctor, how many autopsies have you performed on dead people?
Doctor: All my autopsies are performed on dead people.
Lawyer: Do you recall the time that you examined the body?
Doctor: The autopsy started around 8:30pm.
Lawyer: And Mr Dennington was dead at the time?
Doctor: No, he was sitting o the table wondering why I was doing an autopsy.
Lawyer: Doctor, before you performed the autopsy, did you check for a pulse?
Doctor: No.
Lawyer: Did you check for blood pressure?
Doctor: No.
Lawyer: Did you check for breathing?
Doctor: No.
Lawyer: So, then it is possible that the patient was alive you began the
autopsy?
Doctor: No.
Lawyer: How can you be so sure?
Doctor: Because his brain was sitting on my desk in a jar.
Lawyer: But could the patient have still been alive, nevertheless?
Doctor: Yes, it is possible that he could have been alive and practising law
somewhere.
Steve S. said:
It's really kind of sad to see these two initiatives turn this debate into doctors vs. lawyers, because to me it is clear that the real parties in this fight are patients vs. insurers. It's the insurance companies that are paying smaller and smaller reimbursements to doctors, while charging them huge malpractice premiums. And it's the patients who bring the lawsuits which cost the insurer (because they pay the doctor's legal bills) money. The lawyers and the doctors are minor players here.
I've met more than a few people who have had their lives destroyed because a doctor was too tired, too inexperienced, or just careless while working. No one thinks that the doctors do it on purpose, but that doesn't excuse it when they really hurt someone.
It seems to me that doctors think every malpractice claim - legitimate or not - is frivolous simply because it exposes them. I don't think I'd be very happy if I hurt someone else doing my job, but I also don't think I would try to get a law passed that would protect me no matter how badly I screwed up.
And what about all those figures of what doctors are paying in malpractice insurance in other states? Florida OB/GYN's paying 250K? And they have caps! I think the only effective legislation we can devise will be something to control insurance companies - not law suits.
Rick said:
I don't know about everyone else, but it sure seems like Robert Mak is on a mission to discourage I-330. Constantly on the website I see his latest article about how I-330 is not supported by facts..
Just give me balanced news and let me decide.
Sorry, I am off to Komo..
Cya!
John Christensen said:
330 is all about protecting insurance companies' profits and punishing patients who get hurt because of bad doctors. Shame on any doctor who supports 330. They care more about dollars than their patients. The insurance companies and the few bad doctors are the real villians here, not the good doctors or the lawyers. The doctors have been bamboozled by the insurance company into believing that 330 will help reduce their premiums. It won't. There isn't anything in 330 that even remotely talks about reducing premiums. If doctors are so concerned about malpractice rates why don't they police themselves or support 336 instead of looking for a permanent "Get out of Jail" card.
David said:
If it were just about doctors versus lawyers, then WHY IS THE NURSES ASSOCIATION OPPOSED TO I-330??
I trust nurses more than doctors. Nurses have the patient's best interests at heart, not getting out to the golf course early like some doctors.
So I'm voting no on I-330, just like the nurses.
Brian said:
I am an attorney and represent doctors and other health care providers. I have discussed I-330 with most of them and once they are told about the details involved with each initiative, they agreee that I-330 is just plain bad. They do not ALL agree with I-336, but most do. The botttom line is that when the fine print on I-330 is read to them, they all agree that I-330 is unfair and does not address the malpractice premium issue. They now understand that this is a situation where the insurance and pharmaceutical companies will be the only prevailing parties if I-330 passes.
Vote NO on I-330
DT155 said:
Why are the insurance companies pushing I-330 to get so-called "voluntary" arbitration in medical malpractice case? After all, every one of us can volunteer to have a dispute handled in arbitration already -- there is even a federal and a state law that permits (even encourages) arbitration. The real reason the insurance companies are pushing I-330 is that arbitration would not be " voluntary" under I-330 -- it would be mandatory if you wanted to get health care. And why limit the injured person's attorneys fees and not limit the insurance company's lawyers too? That just stacks the deck so that the insurance companies can attract the best lawyers and so that the insurance lawyers can afford to do more work on the case. Talk about David and Goliath -- except who gets the slingshot?
Earl said:
If we are going to limit the attorney's fees that a patient may spend to bring a case, shouldn't we also limit the amount the insruance companies spend on defnding the doctors. That would reduce premiums too. Or is I330 meant to tip the scales even further agains the patient by limiting their access to competent representation
John said:
The proponents of I-330 are among the sleaziest people in recent politics. Their ads are shameless in their use of lawyer stereotypes, distortion of fact and scare tactics. They have bamboozled the doctors into believing 330 will save them money. Not so, it will only help the insurers. And where are all those doctors going? The HMO's almost daily are introducing a new doctor to the community via the newspapers.
David B said:
While the work that doctors do is important, it is not deserving of special protection from liability. We are all held accountable for our actions, regardless of our profession or any other categorization. If I am negligent and cause injury, the law says I am responsible. The same standard should apply to medical professionals. I-330 should be seen for what it is - a continuing campaign by the insurance industry to impugn the credibility of all attorneys. Who benefits? The insurance giants who continue to reap record profits year in and year out at the expense of all consumers, including doctors who buy insurance. Why do they oppose I-336? Because they don't want to open their books and reveal the price gouging of doctors in this state that is unconnected and unrelated to medical negligence claims or jury verdicts.
K.E. Soholm said:
Conservative values of limited government, constitutional right to jury trial, maintenance of other constitutional guarantees (i.e. 14th Amendment), personal responsibility, and self reliance are in no way reflected by I-330. Indeed, these values are impeached by that initiative. Taking responsibility for one's own mistakes is a cornerstone of conservatism embraces as the idea that one takes . A negligent attorney has no limits on his liability to wronged clients; a screwup requires full restitution, as it should and does for a physician, and indeed all citizens and corporations. And, I cannot imagine a more anti-conservative idea than having government limit what people can earn in a given profession in a free market--the centerpiece of conservative economics. Establishing limits on what attorneys can earn smacks of socialism; let the market decide these matters. We certainly have no limits on what the insurance industry can spend on defense attorneys. The court system is perfectly capable of weeding out bad lawsuits, and does so constantly. Anyone who complains of runaway jury verdicts is really saying his/her peers, or him or herself, cannot be trusted to render judgment in trials. Personally, I trust myself to render judgment as a juror in any given trial without government restraints.
HeNateMe said:
The purpose of every business is to make a profit. So why are lawyers the exception? Why is it shameful for them to make a profit while Mr. Trump, Mr. Gates, and Mr. Howard Schulz are revered for making billions? When do we vote on the initiative to criminalize profit-making? The day we become socialists.
Lawyers, doctors, and patients all lose if I-330 passes. The only industry expected to make money off a victory is the insurance industry. Indiana passed similar caps in the late 90s. Their malpractice insurance premiums then increased by 15% in 2002 and 2003. I-330 does not stop insurance companies from raising premiums.
David said:
According to the Washington St. Dept. of Health, there are 3,720 more doctors in Washington today than 10 years ago. I've done a little research and it appears that the insurance industry is trying to bamboozle the hard working doctors of this state. In Texas, Nevada, and California, insurance rates increased up to 20% the very next year after caps were instituted. As of 2004, in California, doctors paid an average of $33,000, Nevada doctors paid $58,100, and Texas doctors paid $61,950 for malpractice insurance. At present, Washington doctors pay $29,000.
It seems that doctors could achieve better success at reducing the costs of insurance by targeting the insurance industry where record profits continue to accumulate.
RB said:
I know two spinal surgeons who left the state about 4 years ago, not because of a rise in medical malpractice premiums, but because the reimbursement rates from insurance companies were too low (such as Regence) and were not close to fair as the payouts to doctors were not at the going rate for a particular procedure. So in my experience, I don't see doctors leaving the state because malpractice premiums are too high. In fact, we have more doctors coming into Washington state each year by the hundreds.
Second, I don't see there is a correlation between caps and lowering malpractice premiums as we see in Mr. Mak's report. Just look at Florida, Texas and California where caps have been in place for years, decades, and rates still spiral out of control. Not until California had an across the board cap on insurance premiums, I belive 15 % a few years ago, did the rate increases stop. This shows me that insurers will charge as much as they can and can get away with. (corporate greed)
Caps don't work. They only punish those who are catastrophically injured and are the most deserving. I wouldn't take $350,000 for my loss of enjoyment of life if I could never walk again.
I 330 is nothing more than a plan by insurance companies to foster corporate greed at its worst!
Remember, Physicians Insurance has reduced its premiums this year to doctors by greater than 5% and its profits have increased 5 fold. How much more money does this insurance company need?
I am voting no on I 330 and hope that the insurance companies and others can compromise on a bill in the legislature, a bill fair to all, not just insurers.
Jennifer said:
My child is 4 years old, and my husband stays at home with him to deal with a speech issue. I could never put a value on my childs life nor my husbands. However, I330 does place a value of $350,000 ($250,000 if you are elderly) because neither my husband nor my child would have economic damages. I-330 and its supporters do not have anyones best interest at heart except for their bottom line.
And what will we get in return for passing I-330? We will get doctors, ambulance drivers, hospitals reqiring us to waive our constitutional right to a jury in order to receive care. Caps for injuries suffered by children, the elderly and stay at home parents. A measily $50,000 initial payment and then payments spreading over 30 years (however if you die the insurance company gets to keep what is left NOT your family). And the initative revokes rights our legislature passed protecting patient and elderly rights. AND for what?
There is NOTHING in I-330 that requires insurance companines to reduce insurance premiums paid by our doctors. Whos fooling Who?
Trust the Nurses Association, protect your children and your elderly friends vote NO on I-330!
Roger Blauvelt said:
I am indeed a surgeon in the state of WA. The debate on tort reform is mind numbing. There is so much dogma out there that has no more basis than here say. And it is the lawyers who are doing most of the saying. If the elections go the wrong way (poor Washingtonians) then I may not move, but I will certainly restrict my practice, sending away any complex risky problems. And I will tell my patients why as they leave in search of other care.
Many of the above comments in this blog are typical of the liberal rant seen in the state of Washington that is classically uniformed. It is sad to see people falling for such distorted information from people with so much to gain from deceiving them.
READ THE FOLLOWING PARAGRAPH VERY CAREFULLY PLEASE:
The fact is that 60+% of the physicians in WA state are insured by Physicians Insurance or The Doctors Company. These are MUTUAL companies, basically owned by their insured. There is no tall building downtown with “Physicians” emblazoned on it and there is no “TDC Stadium”. There are employees that are paid to run operations and NO shareholders. There are no fat cats. Any money collected in premiums goes to a pool to defend and pay claims. The books are open, and they are scrutinized by the state insurance commissioner. Any excess in premiums ( a “lucky” year without a “bad baby” case) may generate a discount or rebate in following years premiums. However a single bad year does affect premiums for years to come. HOW can I be gouged in this scenario? I am self insured. No one has answered this to my satisfaction yet. THINK! THIS IS NOT AN INSURANCE COMPANY ISSUE. The lawyers have pointed it in that direction because it is more palatable to play against insurance companies (nefarious and evil) rather than physicians. Most people like their physicians.
And what do drug companies have to do with it? And malpractice carriers are not in any way linked to your health insurance carriers. People have such obscure misconceptions. Losing your day in court? … less than 5% of malpractices cases go to court in the first place! More than half end up with ZERO settlement. What does that tell you?
NB: The lawyers care little about their own initiative. They have contributed little to support I336 and over $Zillions to BEAT I330 – the lawyer paycheck killer! I336 is a smokescreen that is designed and will succeed to confuse voters. Introduced weeks after I330. Dirty pool from dirty people.
NB: There are quite a few Nurses who have gone to the dark side and have gone to law school and now sue doctors. They are powerful members of the Washington State Nurses Association. You do the math! The nurses I talk to are ashamed of their professional organization.
And there are other concepts that are incontrovertible
- Lawyers are getting too big a cut of the pie. Boo hoo hoo for poor little Johnny who was damaged for life during childbirth by this evil doctor, says the lawyer in the courtroom. But he will not hesitate to snatch away over half of those damages after the show is over. Also, these big settlements really encourage bottom feeding behavior in our lawyers. Too many need very little encouragement as I am sure you have witnessed. Trivial and borderline lawsuits could be indirectly deterred by limiting this revenue stream. And before the lawyers start whining about the good of the public being served by their own high reimbursement, I would look closely in California for a paucity of malpractice lawyers and suits. Managed care has ravaged the medical community financially. Some would argue it is appropriate. Well be it as it may, it is the legal community’s turn to pony up and take a concordant cut.
- Awards based on subjective criteria can be absurd or obscene, and definitely arbitrary. While the concept of limiting the “rights” of an entity to collect unbounded bounty in the courts is elegant and righteous, it does not guard against the greed, ignorance, and complete absence of critical thought in the majority of our citizens. Emotion is powerful and when not controlled does indeed override reason and is downright damaging. Juror’s minds have been distorted and warped by our culture. Seventeen million to play baseball! One million to survive on an island for a month! One hundred thousand to eat worms on television! Why not hit the doc up for $750,000 bill for loss of consortium for 6 months loss of making love to my 72 year old wife? I think the dog deserves $50,000 for not being walked as regularly. I don’t think people can be trusted to pick these numbers. They see this as depersonalized and don’t realize the damage to the medical community (thus the community) these irrational settlements creates. Incidentally, in looking at MICRA in CA it was found that their $250K cap in non-economic damages was nearly compensated for by offsetting commissions from the lawyer into the plaintiffs pocket. And is $350k to $1,050,000 in WA enough for most plaintiffs (supplemental to real losses)?
- Joint and several liability can result in criminal settlements against minimally culpable parties. This is where a doctor may be 5% at blame but gets 100% of the settlement if the other party’s pockets are not deep enough. Imagine THAT!
Now if being a doctor in the state of WA was otherwise a thriving business, maybe this malpractice thing could be absorbed economically and psychologically. BUT the fact is that reimbursement struggles to come near keeping up with inflation or cost of living increases, employee costs are rising including medical insurance premiums for our medical office employees, medical insurance companies (our payors) continue to add layer upon layer of beaurocracy upon us raising even more our cost to do business, and costs overall are increasing. Margins are squeezed razor thin. I have to try to ignore and remain in a state of denial of the dollars that my colleagues are collecting in other areas of the country that can be 2 or 3 TIMES what is paid here. Plus many are in tort reform states. Do you want that type of “want ad” attracting your son or daughter’s doctor to the state of Washington?
Well we can go on and on. Below are a couple of links that provide a view other than the WSTLA would profess. When I vote for something, I try to think about what would do myself AND the community good as a whole. How many people would benefit from a yes or an no. When you look at the effects of I330 or similar tort reform packages, you can not deny while it will be modestly detrimental to a few people in the state (malpractice lawyers and a handful of plaintiffs) every year, it will help EVERYONE ELSE, including many plantiffs who will take more money home. IE Doctors and people that need doctors. (Weren’t you recently one of those?) That is a benefit ratio of about 1,000,000:1 or something like that. (maybe 100,000:1 … there are an awful lot of lawyers!)
Check out these links:
http://www.ama-assn.org/ama1/pub/upload/mm/450/mlrnowdec032004.pdf
http://www.thedoctors.com/reference/default.asp
and click on
June 25, 2005, Richard E. Anderson, M.D., Seattle
In The Case for Legal Reform
Please, do READ THE FINE PRINT!
http://www.secstate.wa.gov/elections/initiatives/text/i330.pdf
And if you trust lawyers, contact me. I have some money in Nigeria I need your help to get out.
yesonI330.org or http://www.theirlipsaremoving.com/ for more info.
Penny said:
All I have to say is that I pitty the poor patients who have this uncaring doctor that wrote the entry above this one. Not only can't he get the facts right (ie. there are no exceptions to the $350,000 cap, it is truely one size fits all), but he demonstrates just how uncaring some bad doctors can really be. It's no wonder that doctors are losing this issue....they are also losing face.
karen said:
For those of us who believe bigotry and prejudice is detestable - why is okay to classify an entire group of people as "greedy bloodsuckers."
For those of us who believe that the political process should be fair and decent - why is it okay for 330 to run ads which are deceptive.
The journalistic reporting on this sad campaign has been excellent.
roger said:
Penny,
My patients generally appreciate what I do for them. I have never actually hear the word "uncaring" used to describe me up to this point. I dont know how well you have read the initiatives but it appears you are following the party line of the lawyers. It apprears you actually did not read much of what I wrote, or have ignored it.
Perhaps fewer petulant comments and more real information would be appropriate to make your reply more convincing.
Not only is the $350k cap supplemental to unlimited economic losses, if you have ever examined settlements on malpractice cases, it is more common than not that the hospital involved gets sued (everyone gets sued, really). Any payout from the hospital can add another $350k. A third party being involved in a payout is admittedly less common but does occur.
Even the title/summary of the initiative (see your brochure or link above) has the words "with exception" in it.
How I-330's Cap on Noneconomic Damages Works
Section 2 of I-330 provides for a cap on noneconomic damages in health care liability cases ranging from $350,000 to $1,050,000 depending on the number and types of defendants and the details of the case.
Under Section 2(1) of I-330, a cap of $350,000 applies if one or more health care professionals are found liable.
Under Section 2(3) of I-330, an additional cap of $350,000 applies if a health care institution that was not liable for the negligence of a health care professional is found liable for its own corporate negligence (for example, negligent credentialing or supervision of a non-employee physician or failure to properly maintain equipment or furnish supplies) or is found liable for the negligence of a non-health care professional agent or employee.
Under Section 2(3) of I-330, a total additional cap of $700,000 applies if more than one health care institution that was not liable for negligence of a health care professional is found liable for its own corporate negligence or is found liable for the negligence of a non-health care professional agent or employee.
Thus, if one or more health care professionals are found liable and two or more health care institutions that are not liable for the negligence of those health care professionals are found liable for their own corporate negligence or the negligence of a non-health care professional, then a cap of $1,050,000 would apply.
Here are two examples of how a cap of $1,050,000 could apply under I-330:
(1) An independent laboratory is found liable because of a clerical (non-health care professional) error that resulted in an erroneous diagnosis. A surgeon, who is not an agent or employee of the hospital, acting on the erroneous diagnosis is found liable for negligently performing the surgery. The hospital where the surgeon performed the surgery is found liable for negligently credentialing the surgeon and allowing the surgeon to do the operation. The liability of the surgeon yields a $350,000 cap, the liability of the laboratory yields another $350,000, and the liability of the hospital yields another $350,000 cap, for a total cap of $1,050,000.
(2) A nursing home is found liable because it negligently maintained the bedrails on a bed that led to a patient's fall out of bed, resulting in a fractured hip. An orthopedic surgeon, who is not an agent or employee of the nursing home or the hospital, is found liable for negligence in treating the fracture. The hospital is found liable for failing to restrict the orthopedic surgeon's privileges despite notice of several other instances of surgical negligence by the orthopedic surgeon. The liability of the surgeon yields a $350,000 cap, the negligence of the nursing home yields another $350,000, and the negligence of the hospital yields another $350,000 cap, for a total cap of $1,050,000.
However, Penny, if you are not a lawyer, you certainly could be one with your attitude. And no,thanks, I dont need any patients that ungrateful to the medical system. I just hope you stay healthy, so you can avoid such "uncaring bad doctors" in the state of washington, 99% of which would totaly endorse every word I have said.
And Karen, this campaign has been deceptive, but it appears you may be talking about the wrong side. Lawyers are practiced in the art of half truth, twisting the facts for their betterment, secondary gain and deception. But what is untrue is that "all are bad." Just as not all doctors, realtors, mechanics, or used car salesman are bad or good. A few sour grapes can sometimes spoil the whole bunch.
karen said:
Penny -
Is it morally right for a society that values the dignity and worth of the individual, to apply a one size fits all cap in medical negligence cases regardless of how terrible the injury is.
Can you provide me one sentence in 330 which says that insurance companies must cap or limit the outrageous premiums they charge to doctors.
Thank you.
karen
John said:
Talk about lies....Has this guy even listened to the radio and TV add put on by the insurance industry supporting 330.....If the 330 is so good then why do most, if not all, newspapers state wide say to VOTE NO ON 330? Why do the League of Woman Voters, AARP, WA Nurses, WA State Bar and nearly every vetrans group, all consumer groups and organizations, current and past governors and both WA Senators and a majority of the congressmen and woman all oppose it? Why, if the big issue is reducing malpractice premiums, doesn't 330 even mention the word insurance. Why does 330 limit how much an injured person can pay to his attorney, but places no limits on the money doctors and hospitals can pay to their lawyers. Why if you get money for an injury can the insurance industry dole it out over 30+ years and then take the money back when you die? Is this fair? Why are the doctors and insurance companies so insistant on taking our constitutional right to a jury trial away? Why, if 330 is all about better health care, doesn't it address the root problem of policing the small number of bad doctors who cause 95% of the harm? If you want insurance companies to make even more money and bad doctors to continue hurting people, then vote for 330. Everyone else should vote NO.
Lauri said:
Having a 27 year old daughter who was brain damaged at birth by a doctor and a hospital who chose not to follow the standard practice of care, I feel I have some experience in the much needed area of medical reform.
My doctor didn't listen when I told him I couldn't have a certain type of anesthesia, he was in a hurry to get home. He didn't wait to see what happened, he left. Then, when I quit breathing after someone else gave me another injection of the same, there wasn't the proper equipment anywhere to help me breathe. Thank God for the nurse that was present, who administered CPR. Four days later, while my daughter was on life support, a good doctor told me this never should have happened, that this doc had done damage before and should not be practicing. Now jump ahead 27 years and nothing has changed in the accountability arena, and yet the doctors and insurance companies want to take away our rights to a fair trial. They want to limit what my attorney could get paid, but place no limits on what doctors, hospitals, insurance companies, veteran's homes, nursing homes,etc. could pay their attorneys, sounds like more bad medicine to me.
I-330 takes away the liability a hospital might face for hiring bad docs, they won't be responsible anymore.
I-330 is unfair to patients on medicare and medicaid, they have nowhere else to go if they won't sign a waiver giving up their rights to a jury trial.
I-330 would cap non-economic damages to $350,000 with no inflationary clause, meaning it would be $350,000 now and $350,000 thirty years from now. There are too many hidden costs when you are disabled, everything takes more time, costs more money and finding pleasures in life that you can take part in can be very expensive. There should not be a one-size fits all cap, because there aren't any one-size fits all disabilities or deaths.
Researchers have shown that jury awards have nothing to do with malpractice insurance increases. Television reporters and newpapers have reported that their research says the same.
I have sat in on hearings in Olympia and I have read the fine print over and over and over again. The fine print in I-330 looks like real bad medicine to me, and I have had enough bad medicine to last a lifetime, that's why I'm voting NO on I-330.
I-330 ads say there would be unlimited payouts for economic damages. This isn't true, especially if you are a stay at home mom or dad, a retired person, a child, a student, or anyone without a high paying stable job.
I will never know what my daughter could have been, that freedom to choose was taken away by a bad doctor here in the state of Washington, not by a bad attorney. That doctor continued to practice, as many others do, even though they may have severely injured many patients. I-330 ads would have you believe that the attorneys are no good, sleazy, greedy characters, yet I know from experience that this is not true. What is true is that there are bad apples in every profession, but the bad apples in the medical field are disfiguring, disabling and killing some residents in the state, we need to do some housecleaning.
Don't be fooled by their misleading ads, doctors are coming to Washington. They are coming to join the many good doctors that we already have. We have 4 cities that are ranked among the best places to practice in the U.S., with malpractice insurance rates being one of the considerations.
Carol said:
I love my doctors and would not lump them in a single group as "lying" or "bloodsucking". The use of labels like this belies the lack of truth in the claims being made by those supporting I-330. I don't believe I have heard from the I-330 folks that the physician's malpractice company has in fact given a rebate the last couple of years. I hear them call all lawyers "lying" and saying that no one has to give up a right to a jury trial. The statement above which states that the arbitration clause makes no difference--that most cases are settled before trial--ignores the fact that the system/framework you are in with your claim defines how seriously it will be taken. If the possible process or possible outcome is substantially altered by removal of the jury trial and a cap on what you might get then the entire posture of the case is skewed.
Why are defense fees not limited? Isn't America all about making the playing fields leveled? Any limits that apply to one side and not the other are suspect. The doctor's and hospital's lawyers get paid by the hour. It seems if anyone has an incentive to drag things out it would be the one getting paid by the hour. And they get paid all along the way, no risk on their side. I don't understand why some people say that there are so many frivolous cases when lawyers don't get paid if they bring a frivolous case. What is the incentive to do that if you don't get paid?
People say the lawyers get half or more of the outcome but what is not mentioned is that the lawyers turn around and pay other doctors and experts to support the claim by testifying. A lot of the money that the lawyer takes at the end of the case goes to other doctors.
I think there is something wrong with I-330 when it is so one-sided.
Kiven Q Beaune said:
No on 330 and Yes on 336.
Wyatt said:
I echo Penny's comments about the outstanding reporting from the MSM regarding this vicious, mean-spirited campaign. It's clear that the vast majority of newspapers, television stations and other media outlets in the state have seen through the Rovian half-truths the insurance industry has relentlessly peddled in support of I-330. I trust the voters of Washington state will do likewise. You can count on the insurers to pass along the $7 million they've spent supporting this albatross to consumers in the form of higher health care premiums.....just as surely as you could count on the fact that doctors and patients wouldn't see penny one of any savings generated by this initiative if it passed.
I won't support any caps on the awards an injured person can collect in court until the medical community provides the public with full and fair disclosure of a physician's prior disciplinary and malpractice payout history on the Internet. If I hire a lawyer, I can go to the state bar's website and look up whether that lawyer has ever been sanctioned, admonished, suspended, disbarred, etc. Try finding similar information regarding your doctor.....and then ask yourself why you can't. If it's true that 4% of all doctors generate half of all malpractice complaints, I think the public has a right to know who those 4% so we can avoid them. Then, and only then, would I even consider "trusting" the medical community to do what's in the patient's best interests to the extent that I would waive my right to a jury trial for medical negligence.
Sunlight is a great disinfectant. Vote Yes on I-336.
Vicki said:
I was misdiagnosed.This Dr. was not licensed or qualified by Law to diagnose me or treat me for his diagnosis. Our Supreme Court refused to to back the Laws that our Legislature created to protect us before the fact. This is a long true story. To make it very short,
I lost my Job,Retirement,2 different vehicles in 2 different states and I don't remember what happened to me for 2 years.
Medical cases Do NOT belong in a Criminal court system. We the People can not aquire expert testimony and We need to create a Medical Court system that consists of 5 impartial expert Drs who serve as jurors and a judge to look at the case from the beginning symptoms or cause.
My case was dismissed for lack of medical testimony where by Law none was needed and our Supreme Court would not even so much as back the Laws that were created to protect us before the fact.
concerned said:
It seems since the insurance companies have bigger pockets and the best lobbyists they win again. Isn't it great allowing those with the most power(ins. companies) even more. Look at the return Insurance Companies investors recieve every year. I think investing in an insurance company is better than buying bonds. Growing up in the midwest, our house flooded and insurance would not pay. FEMA stepped up and helped us rebuild our home. Look at the WTC, I bet they were insured? Guess who picked up the bill, FEMA! Insurance is paving the way for socialized medicine, and INSURANCE COMPANIES ARE THE ANTICHRIST.
concerned again said:
I work in the medical field, and I see how easy it is for a lawyer to be disbarred, but takes an act of God for a doctor to lose his license, is that strange to anyone else? Dr's, if they are doing their job right, should be yelling bring on the lawsuits, hopefully being humble enough to consult other physicians with a difficult case and confident enough to say I did all that I could. I know of a dr who has been sued more than three times, yet he still practices in Olympia. Medical school does give C's and D's. There are bad doctors out there, I guess their egos won't admit it. Hopefully we can look more to doctors to self-police and self-regulate each other instead of the uneducated public, and greedy lawyers.
I used to think of lawyers as ambulance chasers. And many are, I suppose. But how many “greedy lawyers” do you actually know?
My husband is a personal injury lawyer. I made fun of him and teased him on our first date. I actually called him an ambulance chaser to his face.
He responded with stories of injured people whose lives and the lives of their family members had been changed forever. And how their insurance company or the insurance company of the person who was at fault would refuse to acknowledge the severity of their injuries and often refuse to pay some or all of their medical bills. I had no idea. I was shocked.
He told me that these people need an advocate, someone who understands the law, who can help them navigate the legal process and get what they deserve. Not a jackpot. Not a lottery. Just the fair compensation that they should be entitled to.
We have been married almost five years now. And I have met many of his clients. I have seen their injuries. I have heard their stories. Many are heartbreaking. I am proud that my husband works on behalf of these individuals and helps them in any way he can…..so they can regain their lives and maintain their dignity.
Mischelle Davis
Wife of Christopher Michael Davis, Attorney at Law
www.injurytriallawyer.com
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SIDAUKTR JAMUZ AULBIARTAUKATRAUE W. TIUDAUGHAUZRIUHANAULDZ said:
i think its a matter of insurance companies who feel as though they have to operate with such huge profits that it is crippling the medical industry.untill we do something about the insurance angencies, we are simply putting lip stick on pigs.
Who’s the culprit--greedy lawyers or bad doctors?
Both.
The doctors should on a three strikes your out & the lawyer should be limited to the amount they receive like 5 percent.
I say vote no for both. Lets get one bill the is clear, and unambiguous, instead of two that do little more than muddy the waters on such a vital issue to voters.
Its the insurance companies that stand at the top of the corupt corpratocracy that rules the good old US of A these days. For the last five years
the fox has been watching the hen house in every post of the Bush administration allowing corprate
criminals to bleed us for all we are worth for energy,health care,etc, vote no on both I-330 and I-336 Last year I paid $811.00 a month for health
insurance for my family of three. Thats almost 10,000 a year. and then it only covers 80% and has a deductable of $250.00 per person. This year I cant aford it and my family does not have health insurance so if there is a catastrophic illness we will probably be a burden on the state
Malpractice premiums are typically determined by the number of lawsuits and judgements awarded. OBGYN and Neurosurgeons are not the worst group of doctors. The reason OBGYN and Neurosurgeons have the highest premiums is because the attornys can get the largest awards. The public needs to realize a bad outcome is not automatically malpractice.
Payouts to lawyers should be limited. Lawyers are the most despicable of all bloodsucker, and they are bleeding us all dry, mining our freedom every day for their own personal gain.
Payouts on medical malpractice to lawyers should be capped at $50,000 per year on the case, plus LEGITIMATE expenses.
The Patients need the money, not the unprincipled, undeserving lawyers who rob their own neighbors.
The current "system", such as it is, results in immense annual expense to EVERY doctor, not just those few who practice below acceptable standards. Would we as a society accept a "malbehaviour" insurance requirement of $20,000+/year imposed on every citizen in some community, because a few citizens in that community commit crimes? That's exactly what we're doing with malpractice insurance. These costs are extortionary, unjust, indiscriminate, and ruinous to high-risk specialists, like obstetricians. Lawyers posture about "protecting" the public, even though the handful of lousy doctors who should lose their licenses always have a lawyer "protecting" them, too. It's not corporate American, George Bush, Big Insurance, corrupt CEO's, the stock market, or the AMA on this one, folks. It's your doctor, and if you trust your lawyer more than your doctor, then vote 336 and keep legal lotto in play. If you don't, vote 330 and let your doc know you supported him or her.
No on 330 and Yes on 336. And next year, a new intitiative requiring mandatory medical error reporting.
Every year in the United States, 98,000 Americans die as a result of preventable medical injuries according to the Institutes of Medicine 2001 report.
In the current atmosphere where medical 'consumers' are continually reminded that healthcare is a product, and doctors and hospitals compete for your healthcare dollars (unless you're on Medicare or Medicaid - another story) it's more than odd that there is no healthcare provider-based movement to standardize medical error reporting. Don't you think it odd that doctors and hospitals don't support mandatory medical error reporting; how many patients would they have to convince to vote for such a thing? Yes, there is talk about patient safety, especially after a highly publicized patient death. But isn't it more than strange that these same folks balk and blanch at the idea of mandatory error reporting? Did you ever ask yourself why that is? Well, if it comes up in polite conversation, they will talk around it. But that's just the tactic - they prefer not to talk about. Does that shed light upon why the Washington State Hospital Association supports 330? In a consumer-driven world like auto manufacturing and air travel, safety and product effectiveness is often referred to as an essential consumer-defined quality called transparency. When you buy a car, what criteria do you use to ensure you're not buying a deathtrap? And think about airline safety for a moment; how likely are you to fly an airlines with a consistently bad safety record? And how we know when an airline has a bad safety record - well yes, an airplane can't really crash without somebody knowing it; but there are numerous regulatory standards regarding airline safety. So in many regards, we as consumers don't have to worry about accidentally booking a tragic flight on Claptrap Airlines. But doctors can and do make tragic mistakes - mistakes that are never revealed due to nondisclosure agreements as part of every out of court settlement. In other words, planes crash every day in the world of medicine, but since the deaths occur behind closed doors, the unspoken dangers are never revealed.
And yet there is precious little public scrutiny of one of the most vulnerable exchanges between you and your provider of healthcare.
Is secret medicine really the the safest and best medicine? Your insurers, your employer, your government and especially your healthcare providers tell you that you are now a 'consumer' of healthcare. Shouldn't you have the right to know if the care you're buying is the safest if not the best, or whether you're getting a lemon? And if you get a lemon, shouldn't you and have the right of full legal redress?
Quite often the professions clash - especially when a doctor is in the
witness box:
Lawyer: Now doctor, isn't it true that when a person dies in his sleep, he
doesn't know about it until the next morning?
Doctor: Did you actually pass the bar exam?
Lawyer: Doctor, how many autopsies have you performed on dead people?
Doctor: All my autopsies are performed on dead people.
Lawyer: Do you recall the time that you examined the body?
Doctor: The autopsy started around 8:30pm.
Lawyer: And Mr Dennington was dead at the time?
Doctor: No, he was sitting o the table wondering why I was doing an autopsy.
Lawyer: Doctor, before you performed the autopsy, did you check for a pulse?
Doctor: No.
Lawyer: Did you check for blood pressure?
Doctor: No.
Lawyer: Did you check for breathing?
Doctor: No.
Lawyer: So, then it is possible that the patient was alive you began the
autopsy?
Doctor: No.
Lawyer: How can you be so sure?
Doctor: Because his brain was sitting on my desk in a jar.
Lawyer: But could the patient have still been alive, nevertheless?
Doctor: Yes, it is possible that he could have been alive and practising law
somewhere.
It's really kind of sad to see these two initiatives turn this debate into doctors vs. lawyers, because to me it is clear that the real parties in this fight are patients vs. insurers. It's the insurance companies that are paying smaller and smaller reimbursements to doctors, while charging them huge malpractice premiums. And it's the patients who bring the lawsuits which cost the insurer (because they pay the doctor's legal bills) money. The lawyers and the doctors are minor players here.
I've met more than a few people who have had their lives destroyed because a doctor was too tired, too inexperienced, or just careless while working. No one thinks that the doctors do it on purpose, but that doesn't excuse it when they really hurt someone.
It seems to me that doctors think every malpractice claim - legitimate or not - is frivolous simply because it exposes them. I don't think I'd be very happy if I hurt someone else doing my job, but I also don't think I would try to get a law passed that would protect me no matter how badly I screwed up.
And what about all those figures of what doctors are paying in malpractice insurance in other states? Florida OB/GYN's paying 250K? And they have caps! I think the only effective legislation we can devise will be something to control insurance companies - not law suits.
I don't know about everyone else, but it sure seems like Robert Mak is on a mission to discourage I-330. Constantly on the website I see his latest article about how I-330 is not supported by facts..
Just give me balanced news and let me decide.
Sorry, I am off to Komo..
Cya!
330 is all about protecting insurance companies' profits and punishing patients who get hurt because of bad doctors. Shame on any doctor who supports 330. They care more about dollars than their patients. The insurance companies and the few bad doctors are the real villians here, not the good doctors or the lawyers. The doctors have been bamboozled by the insurance company into believing that 330 will help reduce their premiums. It won't. There isn't anything in 330 that even remotely talks about reducing premiums. If doctors are so concerned about malpractice rates why don't they police themselves or support 336 instead of looking for a permanent "Get out of Jail" card.
If it were just about doctors versus lawyers, then WHY IS THE NURSES ASSOCIATION OPPOSED TO I-330??
I trust nurses more than doctors. Nurses have the patient's best interests at heart, not getting out to the golf course early like some doctors.
So I'm voting no on I-330, just like the nurses.
I am an attorney and represent doctors and other health care providers. I have discussed I-330 with most of them and once they are told about the details involved with each initiative, they agreee that I-330 is just plain bad. They do not ALL agree with I-336, but most do. The botttom line is that when the fine print on I-330 is read to them, they all agree that I-330 is unfair and does not address the malpractice premium issue. They now understand that this is a situation where the insurance and pharmaceutical companies will be the only prevailing parties if I-330 passes.
Vote NO on I-330
Why are the insurance companies pushing I-330 to get so-called "voluntary" arbitration in medical malpractice case? After all, every one of us can volunteer to have a dispute handled in arbitration already -- there is even a federal and a state law that permits (even encourages) arbitration. The real reason the insurance companies are pushing I-330 is that arbitration would not be " voluntary" under I-330 -- it would be mandatory if you wanted to get health care. And why limit the injured person's attorneys fees and not limit the insurance company's lawyers too? That just stacks the deck so that the insurance companies can attract the best lawyers and so that the insurance lawyers can afford to do more work on the case. Talk about David and Goliath -- except who gets the slingshot?
If we are going to limit the attorney's fees that a patient may spend to bring a case, shouldn't we also limit the amount the insruance companies spend on defnding the doctors. That would reduce premiums too. Or is I330 meant to tip the scales even further agains the patient by limiting their access to competent representation
The proponents of I-330 are among the sleaziest people in recent politics. Their ads are shameless in their use of lawyer stereotypes, distortion of fact and scare tactics. They have bamboozled the doctors into believing 330 will save them money. Not so, it will only help the insurers. And where are all those doctors going? The HMO's almost daily are introducing a new doctor to the community via the newspapers.
While the work that doctors do is important, it is not deserving of special protection from liability. We are all held accountable for our actions, regardless of our profession or any other categorization. If I am negligent and cause injury, the law says I am responsible. The same standard should apply to medical professionals. I-330 should be seen for what it is - a continuing campaign by the insurance industry to impugn the credibility of all attorneys. Who benefits? The insurance giants who continue to reap record profits year in and year out at the expense of all consumers, including doctors who buy insurance. Why do they oppose I-336? Because they don't want to open their books and reveal the price gouging of doctors in this state that is unconnected and unrelated to medical negligence claims or jury verdicts.
Conservative values of limited government, constitutional right to jury trial, maintenance of other constitutional guarantees (i.e. 14th Amendment), personal responsibility, and self reliance are in no way reflected by I-330. Indeed, these values are impeached by that initiative. Taking responsibility for one's own mistakes is a cornerstone of conservatism embraces as the idea that one takes . A negligent attorney has no limits on his liability to wronged clients; a screwup requires full restitution, as it should and does for a physician, and indeed all citizens and corporations. And, I cannot imagine a more anti-conservative idea than having government limit what people can earn in a given profession in a free market--the centerpiece of conservative economics. Establishing limits on what attorneys can earn smacks of socialism; let the market decide these matters. We certainly have no limits on what the insurance industry can spend on defense attorneys. The court system is perfectly capable of weeding out bad lawsuits, and does so constantly. Anyone who complains of runaway jury verdicts is really saying his/her peers, or him or herself, cannot be trusted to render judgment in trials. Personally, I trust myself to render judgment as a juror in any given trial without government restraints.
The purpose of every business is to make a profit. So why are lawyers the exception? Why is it shameful for them to make a profit while Mr. Trump, Mr. Gates, and Mr. Howard Schulz are revered for making billions? When do we vote on the initiative to criminalize profit-making? The day we become socialists.
Lawyers, doctors, and patients all lose if I-330 passes. The only industry expected to make money off a victory is the insurance industry. Indiana passed similar caps in the late 90s. Their malpractice insurance premiums then increased by 15% in 2002 and 2003. I-330 does not stop insurance companies from raising premiums.
According to the Washington St. Dept. of Health, there are 3,720 more doctors in Washington today than 10 years ago. I've done a little research and it appears that the insurance industry is trying to bamboozle the hard working doctors of this state. In Texas, Nevada, and California, insurance rates increased up to 20% the very next year after caps were instituted. As of 2004, in California, doctors paid an average of $33,000, Nevada doctors paid $58,100, and Texas doctors paid $61,950 for malpractice insurance. At present, Washington doctors pay $29,000.
It seems that doctors could achieve better success at reducing the costs of insurance by targeting the insurance industry where record profits continue to accumulate.
I know two spinal surgeons who left the state about 4 years ago, not because of a rise in medical malpractice premiums, but because the reimbursement rates from insurance companies were too low (such as Regence) and were not close to fair as the payouts to doctors were not at the going rate for a particular procedure. So in my experience, I don't see doctors leaving the state because malpractice premiums are too high. In fact, we have more doctors coming into Washington state each year by the hundreds.
Second, I don't see there is a correlation between caps and lowering malpractice premiums as we see in Mr. Mak's report. Just look at Florida, Texas and California where caps have been in place for years, decades, and rates still spiral out of control. Not until California had an across the board cap on insurance premiums, I belive 15 % a few years ago, did the rate increases stop. This shows me that insurers will charge as much as they can and can get away with. (corporate greed)
Caps don't work. They only punish those who are catastrophically injured and are the most deserving. I wouldn't take $350,000 for my loss of enjoyment of life if I could never walk again.
I 330 is nothing more than a plan by insurance companies to foster corporate greed at its worst!
Remember, Physicians Insurance has reduced its premiums this year to doctors by greater than 5% and its profits have increased 5 fold. How much more money does this insurance company need?
I am voting no on I 330 and hope that the insurance companies and others can compromise on a bill in the legislature, a bill fair to all, not just insurers.
My child is 4 years old, and my husband stays at home with him to deal with a speech issue. I could never put a value on my childs life nor my husbands. However, I330 does place a value of $350,000 ($250,000 if you are elderly) because neither my husband nor my child would have economic damages. I-330 and its supporters do not have anyones best interest at heart except for their bottom line.
And what will we get in return for passing I-330? We will get doctors, ambulance drivers, hospitals reqiring us to waive our constitutional right to a jury in order to receive care. Caps for injuries suffered by children, the elderly and stay at home parents. A measily $50,000 initial payment and then payments spreading over 30 years (however if you die the insurance company gets to keep what is left NOT your family). And the initative revokes rights our legislature passed protecting patient and elderly rights. AND for what?
There is NOTHING in I-330 that requires insurance companines to reduce insurance premiums paid by our doctors. Whos fooling Who?
Trust the Nurses Association, protect your children and your elderly friends vote NO on I-330!
I am indeed a surgeon in the state of WA. The debate on tort reform is mind numbing. There is so much dogma out there that has no more basis than here say. And it is the lawyers who are doing most of the saying. If the elections go the wrong way (poor Washingtonians) then I may not move, but I will certainly restrict my practice, sending away any complex risky problems. And I will tell my patients why as they leave in search of other care.
Many of the above comments in this blog are typical of the liberal rant seen in the state of Washington that is classically uniformed. It is sad to see people falling for such distorted information from people with so much to gain from deceiving them.
READ THE FOLLOWING PARAGRAPH VERY CAREFULLY PLEASE:
The fact is that 60+% of the physicians in WA state are insured by Physicians Insurance or The Doctors Company. These are MUTUAL companies, basically owned by their insured. There is no tall building downtown with “Physicians” emblazoned on it and there is no “TDC Stadium”. There are employees that are paid to run operations and NO shareholders. There are no fat cats. Any money collected in premiums goes to a pool to defend and pay claims. The books are open, and they are scrutinized by the state insurance commissioner. Any excess in premiums ( a “lucky” year without a “bad baby” case) may generate a discount or rebate in following years premiums. However a single bad year does affect premiums for years to come. HOW can I be gouged in this scenario? I am self insured. No one has answered this to my satisfaction yet. THINK! THIS IS NOT AN INSURANCE COMPANY ISSUE. The lawyers have pointed it in that direction because it is more palatable to play against insurance companies (nefarious and evil) rather than physicians. Most people like their physicians.
And what do drug companies have to do with it? And malpractice carriers are not in any way linked to your health insurance carriers. People have such obscure misconceptions. Losing your day in court? … less than 5% of malpractices cases go to court in the first place! More than half end up with ZERO settlement. What does that tell you?
NB: The lawyers care little about their own initiative. They have contributed little to support I336 and over $Zillions to BEAT I330 – the lawyer paycheck killer! I336 is a smokescreen that is designed and will succeed to confuse voters. Introduced weeks after I330. Dirty pool from dirty people.
NB: There are quite a few Nurses who have gone to the dark side and have gone to law school and now sue doctors. They are powerful members of the Washington State Nurses Association. You do the math! The nurses I talk to are ashamed of their professional organization.
And there are other concepts that are incontrovertible
- Lawyers are getting too big a cut of the pie. Boo hoo hoo for poor little Johnny who was damaged for life during childbirth by this evil doctor, says the lawyer in the courtroom. But he will not hesitate to snatch away over half of those damages after the show is over. Also, these big settlements really encourage bottom feeding behavior in our lawyers. Too many need very little encouragement as I am sure you have witnessed. Trivial and borderline lawsuits could be indirectly deterred by limiting this revenue stream. And before the lawyers start whining about the good of the public being served by their own high reimbursement, I would look closely in California for a paucity of malpractice lawyers and suits. Managed care has ravaged the medical community financially. Some would argue it is appropriate. Well be it as it may, it is the legal community’s turn to pony up and take a concordant cut.
- Awards based on subjective criteria can be absurd or obscene, and definitely arbitrary. While the concept of limiting the “rights” of an entity to collect unbounded bounty in the courts is elegant and righteous, it does not guard against the greed, ignorance, and complete absence of critical thought in the majority of our citizens. Emotion is powerful and when not controlled does indeed override reason and is downright damaging. Juror’s minds have been distorted and warped by our culture. Seventeen million to play baseball! One million to survive on an island for a month! One hundred thousand to eat worms on television! Why not hit the doc up for $750,000 bill for loss of consortium for 6 months loss of making love to my 72 year old wife? I think the dog deserves $50,000 for not being walked as regularly. I don’t think people can be trusted to pick these numbers. They see this as depersonalized and don’t realize the damage to the medical community (thus the community) these irrational settlements creates. Incidentally, in looking at MICRA in CA it was found that their $250K cap in non-economic damages was nearly compensated for by offsetting commissions from the lawyer into the plaintiffs pocket. And is $350k to $1,050,000 in WA enough for most plaintiffs (supplemental to real losses)?
- Joint and several liability can result in criminal settlements against minimally culpable parties. This is where a doctor may be 5% at blame but gets 100% of the settlement if the other party’s pockets are not deep enough. Imagine THAT!
Now if being a doctor in the state of WA was otherwise a thriving business, maybe this malpractice thing could be absorbed economically and psychologically. BUT the fact is that reimbursement struggles to come near keeping up with inflation or cost of living increases, employee costs are rising including medical insurance premiums for our medical office employees, medical insurance companies (our payors) continue to add layer upon layer of beaurocracy upon us raising even more our cost to do business, and costs overall are increasing. Margins are squeezed razor thin. I have to try to ignore and remain in a state of denial of the dollars that my colleagues are collecting in other areas of the country that can be 2 or 3 TIMES what is paid here. Plus many are in tort reform states. Do you want that type of “want ad” attracting your son or daughter’s doctor to the state of Washington?
Well we can go on and on. Below are a couple of links that provide a view other than the WSTLA would profess. When I vote for something, I try to think about what would do myself AND the community good as a whole. How many people would benefit from a yes or an no. When you look at the effects of I330 or similar tort reform packages, you can not deny while it will be modestly detrimental to a few people in the state (malpractice lawyers and a handful of plaintiffs) every year, it will help EVERYONE ELSE, including many plantiffs who will take more money home. IE Doctors and people that need doctors. (Weren’t you recently one of those?) That is a benefit ratio of about 1,000,000:1 or something like that. (maybe 100,000:1 … there are an awful lot of lawyers!)
Check out these links:
http://www.ama-assn.org/ama1/pub/upload/mm/450/mlrnowdec032004.pdf
http://www.thedoctors.com/reference/default.asp
and click on
June 25, 2005, Richard E. Anderson, M.D., Seattle
In The Case for Legal Reform
Please, do READ THE FINE PRINT!
http://www.secstate.wa.gov/elections/initiatives/text/i330.pdf
And if you trust lawyers, contact me. I have some money in Nigeria I need your help to get out.
yesonI330.org or http://www.theirlipsaremoving.com/ for more info.
All I have to say is that I pitty the poor patients who have this uncaring doctor that wrote the entry above this one. Not only can't he get the facts right (ie. there are no exceptions to the $350,000 cap, it is truely one size fits all), but he demonstrates just how uncaring some bad doctors can really be. It's no wonder that doctors are losing this issue....they are also losing face.
For those of us who believe bigotry and prejudice is detestable - why is okay to classify an entire group of people as "greedy bloodsuckers."
For those of us who believe that the political process should be fair and decent - why is it okay for 330 to run ads which are deceptive.
The journalistic reporting on this sad campaign has been excellent.
Penny,
My patients generally appreciate what I do for them. I have never actually hear the word "uncaring" used to describe me up to this point. I dont know how well you have read the initiatives but it appears you are following the party line of the lawyers. It apprears you actually did not read much of what I wrote, or have ignored it.
Perhaps fewer petulant comments and more real information would be appropriate to make your reply more convincing.
Not only is the $350k cap supplemental to unlimited economic losses, if you have ever examined settlements on malpractice cases, it is more common than not that the hospital involved gets sued (everyone gets sued, really). Any payout from the hospital can add another $350k. A third party being involved in a payout is admittedly less common but does occur.
Even the title/summary of the initiative (see your brochure or link above) has the words "with exception" in it.
How I-330's Cap on Noneconomic Damages Works
Section 2 of I-330 provides for a cap on noneconomic damages in health care liability cases ranging from $350,000 to $1,050,000 depending on the number and types of defendants and the details of the case.
Under Section 2(1) of I-330, a cap of $350,000 applies if one or more health care professionals are found liable.
Under Section 2(3) of I-330, an additional cap of $350,000 applies if a health care institution that was not liable for the negligence of a health care professional is found liable for its own corporate negligence (for example, negligent credentialing or supervision of a non-employee physician or failure to properly maintain equipment or furnish supplies) or is found liable for the negligence of a non-health care professional agent or employee.
Under Section 2(3) of I-330, a total additional cap of $700,000 applies if more than one health care institution that was not liable for negligence of a health care professional is found liable for its own corporate negligence or is found liable for the negligence of a non-health care professional agent or employee.
Thus, if one or more health care professionals are found liable and two or more health care institutions that are not liable for the negligence of those health care professionals are found liable for their own corporate negligence or the negligence of a non-health care professional, then a cap of $1,050,000 would apply.
Here are two examples of how a cap of $1,050,000 could apply under I-330:
(1) An independent laboratory is found liable because of a clerical (non-health care professional) error that resulted in an erroneous diagnosis. A surgeon, who is not an agent or employee of the hospital, acting on the erroneous diagnosis is found liable for negligently performing the surgery. The hospital where the surgeon performed the surgery is found liable for negligently credentialing the surgeon and allowing the surgeon to do the operation. The liability of the surgeon yields a $350,000 cap, the liability of the laboratory yields another $350,000, and the liability of the hospital yields another $350,000 cap, for a total cap of $1,050,000.
(2) A nursing home is found liable because it negligently maintained the bedrails on a bed that led to a patient's fall out of bed, resulting in a fractured hip. An orthopedic surgeon, who is not an agent or employee of the nursing home or the hospital, is found liable for negligence in treating the fracture. The hospital is found liable for failing to restrict the orthopedic surgeon's privileges despite notice of several other instances of surgical negligence by the orthopedic surgeon. The liability of the surgeon yields a $350,000 cap, the negligence of the nursing home yields another $350,000, and the negligence of the hospital yields another $350,000 cap, for a total cap of $1,050,000.
However, Penny, if you are not a lawyer, you certainly could be one with your attitude. And no,thanks, I dont need any patients that ungrateful to the medical system. I just hope you stay healthy, so you can avoid such "uncaring bad doctors" in the state of washington, 99% of which would totaly endorse every word I have said.
And Karen, this campaign has been deceptive, but it appears you may be talking about the wrong side. Lawyers are practiced in the art of half truth, twisting the facts for their betterment, secondary gain and deception. But what is untrue is that "all are bad." Just as not all doctors, realtors, mechanics, or used car salesman are bad or good. A few sour grapes can sometimes spoil the whole bunch.
Penny -
Is it morally right for a society that values the dignity and worth of the individual, to apply a one size fits all cap in medical negligence cases regardless of how terrible the injury is.
Can you provide me one sentence in 330 which says that insurance companies must cap or limit the outrageous premiums they charge to doctors.
Thank you.
karen
Talk about lies....Has this guy even listened to the radio and TV add put on by the insurance industry supporting 330.....If the 330 is so good then why do most, if not all, newspapers state wide say to VOTE NO ON 330? Why do the League of Woman Voters, AARP, WA Nurses, WA State Bar and nearly every vetrans group, all consumer groups and organizations, current and past governors and both WA Senators and a majority of the congressmen and woman all oppose it? Why, if the big issue is reducing malpractice premiums, doesn't 330 even mention the word insurance. Why does 330 limit how much an injured person can pay to his attorney, but places no limits on the money doctors and hospitals can pay to their lawyers. Why if you get money for an injury can the insurance industry dole it out over 30+ years and then take the money back when you die? Is this fair? Why are the doctors and insurance companies so insistant on taking our constitutional right to a jury trial away? Why, if 330 is all about better health care, doesn't it address the root problem of policing the small number of bad doctors who cause 95% of the harm? If you want insurance companies to make even more money and bad doctors to continue hurting people, then vote for 330. Everyone else should vote NO.
Having a 27 year old daughter who was brain damaged at birth by a doctor and a hospital who chose not to follow the standard practice of care, I feel I have some experience in the much needed area of medical reform.
My doctor didn't listen when I told him I couldn't have a certain type of anesthesia, he was in a hurry to get home. He didn't wait to see what happened, he left. Then, when I quit breathing after someone else gave me another injection of the same, there wasn't the proper equipment anywhere to help me breathe. Thank God for the nurse that was present, who administered CPR. Four days later, while my daughter was on life support, a good doctor told me this never should have happened, that this doc had done damage before and should not be practicing. Now jump ahead 27 years and nothing has changed in the accountability arena, and yet the doctors and insurance companies want to take away our rights to a fair trial. They want to limit what my attorney could get paid, but place no limits on what doctors, hospitals, insurance companies, veteran's homes, nursing homes,etc. could pay their attorneys, sounds like more bad medicine to me.
I-330 takes away the liability a hospital might face for hiring bad docs, they won't be responsible anymore.
I-330 is unfair to patients on medicare and medicaid, they have nowhere else to go if they won't sign a waiver giving up their rights to a jury trial.
I-330 would cap non-economic damages to $350,000 with no inflationary clause, meaning it would be $350,000 now and $350,000 thirty years from now. There are too many hidden costs when you are disabled, everything takes more time, costs more money and finding pleasures in life that you can take part in can be very expensive. There should not be a one-size fits all cap, because there aren't any one-size fits all disabilities or deaths.
Researchers have shown that jury awards have nothing to do with malpractice insurance increases. Television reporters and newpapers have reported that their research says the same.
I have sat in on hearings in Olympia and I have read the fine print over and over and over again. The fine print in I-330 looks like real bad medicine to me, and I have had enough bad medicine to last a lifetime, that's why I'm voting NO on I-330.
I-330 ads say there would be unlimited payouts for economic damages. This isn't true, especially if you are a stay at home mom or dad, a retired person, a child, a student, or anyone without a high paying stable job.
I will never know what my daughter could have been, that freedom to choose was taken away by a bad doctor here in the state of Washington, not by a bad attorney. That doctor continued to practice, as many others do, even though they may have severely injured many patients. I-330 ads would have you believe that the attorneys are no good, sleazy, greedy characters, yet I know from experience that this is not true. What is true is that there are bad apples in every profession, but the bad apples in the medical field are disfiguring, disabling and killing some residents in the state, we need to do some housecleaning.
Don't be fooled by their misleading ads, doctors are coming to Washington. They are coming to join the many good doctors that we already have. We have 4 cities that are ranked among the best places to practice in the U.S., with malpractice insurance rates being one of the considerations.
I love my doctors and would not lump them in a single group as "lying" or "bloodsucking". The use of labels like this belies the lack of truth in the claims being made by those supporting I-330. I don't believe I have heard from the I-330 folks that the physician's malpractice company has in fact given a rebate the last couple of years. I hear them call all lawyers "lying" and saying that no one has to give up a right to a jury trial. The statement above which states that the arbitration clause makes no difference--that most cases are settled before trial--ignores the fact that the system/framework you are in with your claim defines how seriously it will be taken. If the possible process or possible outcome is substantially altered by removal of the jury trial and a cap on what you might get then the entire posture of the case is skewed.
Why are defense fees not limited? Isn't America all about making the playing fields leveled? Any limits that apply to one side and not the other are suspect. The doctor's and hospital's lawyers get paid by the hour. It seems if anyone has an incentive to drag things out it would be the one getting paid by the hour. And they get paid all along the way, no risk on their side. I don't understand why some people say that there are so many frivolous cases when lawyers don't get paid if they bring a frivolous case. What is the incentive to do that if you don't get paid?
People say the lawyers get half or more of the outcome but what is not mentioned is that the lawyers turn around and pay other doctors and experts to support the claim by testifying. A lot of the money that the lawyer takes at the end of the case goes to other doctors.
I think there is something wrong with I-330 when it is so one-sided.
No on 330 and Yes on 336.
I echo Penny's comments about the outstanding reporting from the MSM regarding this vicious, mean-spirited campaign. It's clear that the vast majority of newspapers, television stations and other media outlets in the state have seen through the Rovian half-truths the insurance industry has relentlessly peddled in support of I-330. I trust the voters of Washington state will do likewise. You can count on the insurers to pass along the $7 million they've spent supporting this albatross to consumers in the form of higher health care premiums.....just as surely as you could count on the fact that doctors and patients wouldn't see penny one of any savings generated by this initiative if it passed.
I won't support any caps on the awards an injured person can collect in court until the medical community provides the public with full and fair disclosure of a physician's prior disciplinary and malpractice payout history on the Internet. If I hire a lawyer, I can go to the state bar's website and look up whether that lawyer has ever been sanctioned, admonished, suspended, disbarred, etc. Try finding similar information regarding your doctor.....and then ask yourself why you can't. If it's true that 4% of all doctors generate half of all malpractice complaints, I think the public has a right to know who those 4% so we can avoid them. Then, and only then, would I even consider "trusting" the medical community to do what's in the patient's best interests to the extent that I would waive my right to a jury trial for medical negligence.
Sunlight is a great disinfectant. Vote Yes on I-336.
I was misdiagnosed.This Dr. was not licensed or qualified by Law to diagnose me or treat me for his diagnosis. Our Supreme Court refused to to back the Laws that our Legislature created to protect us before the fact. This is a long true story. To make it very short,
I lost my Job,Retirement,2 different vehicles in 2 different states and I don't remember what happened to me for 2 years.
Medical cases Do NOT belong in a Criminal court system. We the People can not aquire expert testimony and We need to create a Medical Court system that consists of 5 impartial expert Drs who serve as jurors and a judge to look at the case from the beginning symptoms or cause.
My case was dismissed for lack of medical testimony where by Law none was needed and our Supreme Court would not even so much as back the Laws that were created to protect us before the fact.
It seems since the insurance companies have bigger pockets and the best lobbyists they win again. Isn't it great allowing those with the most power(ins. companies) even more. Look at the return Insurance Companies investors recieve every year. I think investing in an insurance company is better than buying bonds. Growing up in the midwest, our house flooded and insurance would not pay. FEMA stepped up and helped us rebuild our home. Look at the WTC, I bet they were insured? Guess who picked up the bill, FEMA! Insurance is paving the way for socialized medicine, and INSURANCE COMPANIES ARE THE ANTICHRIST.
I work in the medical field, and I see how easy it is for a lawyer to be disbarred, but takes an act of God for a doctor to lose his license, is that strange to anyone else? Dr's, if they are doing their job right, should be yelling bring on the lawsuits, hopefully being humble enough to consult other physicians with a difficult case and confident enough to say I did all that I could. I know of a dr who has been sued more than three times, yet he still practices in Olympia. Medical school does give C's and D's. There are bad doctors out there, I guess their egos won't admit it. Hopefully we can look more to doctors to self-police and self-regulate each other instead of the uneducated public, and greedy lawyers.
I used to think of lawyers as ambulance chasers. And many are, I suppose. But how many “greedy lawyers” do you actually know?
My husband is a personal injury lawyer. I made fun of him and teased him on our first date. I actually called him an ambulance chaser to his face.
He responded with stories of injured people whose lives and the lives of their family members had been changed forever. And how their insurance company or the insurance company of the person who was at fault would refuse to acknowledge the severity of their injuries and often refuse to pay some or all of their medical bills. I had no idea. I was shocked.
He told me that these people need an advocate, someone who understands the law, who can help them navigate the legal process and get what they deserve. Not a jackpot. Not a lottery. Just the fair compensation that they should be entitled to.
We have been married almost five years now. And I have met many of his clients. I have seen their injuries. I have heard their stories. Many are heartbreaking. I am proud that my husband works on behalf of these individuals and helps them in any way he can…..so they can regain their lives and maintain their dignity.
Mischelle Davis
Wife of Christopher Michael Davis, Attorney at Law
www.injurytriallawyer.com
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well i cant agree with it but i accecpt it..good blog
I was given ketamine during my cesarean section in 1999 in Canada. I had already received anesthesia, but the surgery had started and I was very surprised to feel the pain of the scalpel. WBR LeoP
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