In hospitals, the lawyers have bred so much fear that patients now suffer more pain, and may be less safe because doctors are concerned about being sued.
“That fear is always there,” said obstetrics professor Dr. Edgar Mandeville. “Everybody walks in mortal fear of being sued.”
The Department of Health and Human Services found doctors order painful tests they consider unnecessary, for fear of being sued. And the majority of doctors say they recommended invasive procedures more often than they believed were medically necessary in an effort to prevent potential litigation.
I asked Scruggs if he thought that was accurate, and he said, “That’s probably true … but why do they do it? … They make more money, the more they do.”
But the doctors say it’s because of fear of the lawyers.
“Well I would say that too, if I were gouging someone and wanted to get away with it and blame it on somebody else,” said Scruggs.
Are they all gouging patients? Clearly, there are bad and careless doctors, but in certain specialties most doctors are being sued.
In fact, 76 percent of American obstetricians have been sued. Yet lawyers, like Scruggs, often say there are only a ‘few’ physicians who are causing all the problems.
Then how is it fair that three-fourths of the obstetricians get sued?
“Well, you know … that’s why they have insurance,” said Scruggs.
Consumers pay for that insurance in increased costs, but the result doesn’t necessarily make us safer. A government study found this fear of lawsuits has made many hospitals reluctant to report problems, with as many as 95 percent of adverse events believed to go unreported.
Are the fear and the secrecy making us less safe?
This piece exposes the evil of malpractice. Kudos to ABC for doing their research!
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12 Responses to ABC on Edwards the malpractice lawyer
jb
July 25th, 2004 at 6:30 pm
The most accurate and powerful response to this predator’s accusation (that we order more tests to increase our income) is the undeniable facts that the majority of these tests that we order to cover our asses are done by other docs, who are the ones who make the extra money. These guys would never let a fact get in the way of their pursuit of the public’s purse.
Bernie Simon
July 25th, 2004 at 7:37 pm
How many midwives have faced lawsuits? Might it have something to do with the difference in practice?
Irene
July 25th, 2004 at 10:20 pm
Quite a few, Bernie. In fact, birthing centers are closing left and right because they can’t afford malpractice insurance. Our lawyers are for equal opportunity!
jb
July 25th, 2004 at 11:26 pm
Midwives are trained to take care of the low risk deliveries, and leave anything the least bit risky to the OBs. They still get sued, but by cherry-picking the easy cases they have less liability exposure.
Chris
July 26th, 2004 at 12:54 am
Yeah, I was very surprised that network news ran this piece. It was very telling of the kinds of shmucks trial lawyers are (I know, its a generalization). I don’t want to incite politics, but again, I’m very surprised a network news station aired something not-too-kind concerning the profession of a _____ vice-pres candidate.
Props to John Stossel for exposing jerks like Scruggs.
kmh
July 26th, 2004 at 1:01 am
before we waste time on midwifery comments,
there is a good government estimate of the mutlibillion dollar costs of tests that are ordered YEARLY
for defensive medicine purposes (not patient care purposes)
http://www.house.gov/jec/tort/05-06-03.pdf
defensive medicine costs??
60-120 billion dollars
PER YEAR.
equivalent to one world trade center every year.
As far as midwives are concerned…the market place will do more to affect physician practice than arguments about which profession holds superiority.
college students are getting it. Recent med schools applications are far below historical averages.
when costs of training exceed 150,000 dollars and midlevel training is a fraction of that and earnings are about the same pay/hour… no wonder why college grads do not wan’t to invest many years to become a physician.
arf
July 26th, 2004 at 12:29 pm
No, why not point out to Bernie the obvious answer. The answer that I’ve seen first hand in operating rooms for the last twenty years.
If the midwife encounters a complicated or difficult obstetric case, what does the midwife do with the patient?
Who ya gonna call?
You wanna take a wild guess, Bernie, where the midwife sends that pregnant lady?
I’ll give you a hint, it’s not John Edwards law firm.
Santhosh
July 26th, 2004 at 7:26 pm
I wouldn’t give kudos to ABC for airing this piece; Barbara Walters went out of her way to indicate that the piece DID NOT reflect the views of herself OR ABC. Give credit where it’s due–to John Stossel.
AKS
July 29th, 2004 at 6:21 pm
I wonder if you really are ignorant, sometimes, Bernie. Trial lawyers go after the deeper pocket, truth be damned. This is another reason why midwives suffer fewer lawsuits than OB-GYNs.
chris
July 30th, 2004 at 2:17 am
Give a trial lawyer these two opportunities:
A) Go after a legitimate malpractice case against a doctor going “bare” with only 250k to his name.
B) Go after a weak malpractice case against a doctor backed by an insurance company.
Now, although the trial lawyers like to “champion for the downtrodden and poor”, which case do you think they would take?
arf
July 30th, 2004 at 12:10 pm
In the recent DNC convention, you hear Edwards……once again……say that he was proud to have sued “HMO’s and big insurance companies”
No he didn’t.
He sued individual doctors, groups of doctors, and hospitals.
Bill Dupon
July 31st, 2004 at 3:41 am
Mr Scruggs has some other tricks too. Like oozing under a door and opening it from the other side.