Even more on the malpractice web site

by rcentor on March 7, 2004

Thanks for all the comments. As I have thought through the issues, I would like to be more explicit in my dislike of the web site.

My problem relates to diagnostic test performance. Of all the people (lawyers, unethical testifying physicians, and litigious patients) that one might conceivably like to exclude from ones practice, they would all be there. However, many people on the list do not deserve the scorn that one would give to anyone on the list. Thus, the list is sensitive, but not specific.

This listing sets a danger precedent. I am against similar lists of physicians have been sued, for exactly the same reason.

If one could look at each case, and classify the lawyer, testifying physician and patient as legitimate or not, then they might have a decent argument. However, in the absence of complete information this list does not meet my fairness test.

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{ 2 comments }

arf March 7, 2004 at 8:09 pm

Sort of like the guy looking for his wallet underneath a streetlamp, when he lost the wallet down the alley. Looking under the streetlamp ’cause the light’s better.

Agreed, the website may not be all that helpful.

I’m not sure where your objection is, though. Is it just because the site probably gives you inaccurate information? How about if the site listed 100% accurate information?

How about the hypothetical site that listed the truly frivolous lawsuits.

If a site listed people like the one I pointed out here:

http://www.dowjones.com/pulitzer_2001/rabinowitz6.html

If the site could somehow just magically list those who truly did file meritless lawsuits in bad faith, like the person mentioned in the article.

Would it be ethical to refer to such a list? Refuse to provide medical services to such people, refer them to state-run facilities that can limit their own liability?

Daniel Newby March 8, 2004 at 12:33 am

I’m not sure it’s such a bad thing. What if you just boycott the patients who (1) won absurdly huge non-economic awards, (2) sued multiple doctors over a period of time, and/or (3) their cases were handled by career ambulance chasers? The first two cases are clearly deserving. The latter is arguably unfair, but hey, if you lay down with dogs, you get up with fleas.

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