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"This week a jury agreed by delivering an $11.1 million verdict in a medical malpractice case that could cost the hospital up to $8.7 million."
www.tampabay.com/news/cour...ll/1046465
the hospital probably fucked up. but $11.1 million??? plus the cost of litigation.
before you convince yourself that I'm a wingnut hack, have you considered the cost to society? i.e. mistakes do happen. can society continue to function while handing out enormous awards like this? even if we move to socialized care, no one is seriously discussing putting some kind of rational cap on this kind of thing. and you honestly think for a second this doesn't create an upward pressure on prices? please.
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Re: Pinellas jury awards boy millions in malpractice case against All Children's Hospital
Sat, October 24, 2009 - 10:19 PMI'm very much in agreement with you on the settlement.
What would be a good way to come to a proper verdict in a case like this? -
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Re: Pinellas jury awards boy millions in malpractice case against All Children's Hospital
Sun, October 25, 2009 - 12:11 AM
a good place to start is to review the consequences of medical malpractice in countries where the signal to noise ratio is not as deafening as our own.
civil.udg.es/Eurocentre/...practice.htm
then enumerate contributing factors that make litigation more expensive in the US.
"Litigation in the U.S. has at least four distinctive procedural features that drive up malpractice costs. The first is jury trials, which can veer out of control and in any case introduce significant uncertainty. The second is the contingency-fee system, which allows well-heeled lawyers to self-finance litigation. The third is the rule that makes each side bear its own costs. This induces riskier lawsuits than are undertaken in most other countries, such as Canada, England and most of Europe, where the loser pays the legal costs of the winner. The fourth is extensive pretrial discovery outside the direct supervision of judges, which occurs far more readily here than elsewhere."
"Americans, for example, file claims about 3.5 times more often than Canadians."
online.wsj.com/article/SB...770707.html
so a place to start is to replace juries with expert commissions. something like this system already exists (e.g. tax court).
"Doctrinal reform cannot stop these abuses. What is needed is the replacement of juries with specialized commissions like those in France, which help reduce litigation expenses and promote uniformity in case outcomes across regions."
anyway. hypothetically, what happens if the lawsuit mentioned below shuts down the hospital? or it impacts the budget sufficiently making it necessary to lay off staff or shut down a ward?
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