The RWJ has a new blog which featured a series on health courts yesterday. The first entry gives the links to the remaining ones – Reforming Medical Justice
I have written about this issue many times. As I continue to consider this issue, I am struck by the ethics of our current system. A rational, impartial health court would improve protection to patients, physicians and the public. Let me explain.
Patients with “low yield” complaints have great difficulty making a formal complaint. Most malpractice lawyers only consider cases with the potential of a large pay day. Health courts would allow for lower pay day cases to be heard.
Physician would benefit by having an known set of standards. Health court decisions would be widely publicized, and influence practice. We assume that the decisions would have a consistent theme, and thus influence practice standards.
The public would benefit because health courts would set a standard for “flagging” repeat offenders. This system would make it easier to keep a registry of physicians found negligent. Repeat offenders would trigger a more complete investigation. This would greatly help State Medical Boards, giving them better data.
Now I sit back and wait for the predictable comments from my lawyer friends.
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{ 5 comments… read them below or add one }
Thanks for promoting the Health Court blog series. I wanted to provide an updated URL: http://rwjfblogs.typepad.com/pioneer/2007/05/reforming_medic.html
Thank you again,
Emily Culbertson
Robert Wood Johnson Foundation
How do health courts allow for low end cases to be heard? Who is paying the “experts” to review these cases?
What is stopping physicians from flagging repeat offenders now and triggering a more complete investigation?
Also, what prevents a known set of standards from being promulgated today?
Can’t we get all those things right now, without putting even more on the taxpayers and having the damage caps of health courts?
The questions are predictable because you never answer them, Doc. You simply make blanket statements w/out any factual support. It’s too bad you’re not as intellectually rigorous in examining this issue as you are those related to so many other medical issues.
Sorry Doc, intellectual rigor probably isn’t the proper term. The lack of skepticism is the problem on this issue – and really, it’s only missing in one direction. You’re plenty skeptical of the people who represent the injured patients. You’re just not very skeptical of those who represent the other side.
Your endorsements of health courts remind me of historic product pitches for patent medicines. “I don’t know what’s in it and I can’t tell you how it works, but it cures EVERYTHING!”
Health Court is an Interesting concept. My cityis medium sized and is served by a Healthcare facility in which all hospitals are owned by one corportation and most of the physicians seem to be on its payroll. I’m unsure of any major malpractice suits, but have heard rumors that most are settled out of court. I would support a court wherein, we could be represented by a medical associate. This would aide the consumer who speaks against poor medical care, and ensure they can continue to receive care without being shunned by the medical staff peers. Being reviewed by one’s peers seems to be more acceptable in my area, as a patient who speaks against a doctor, will most likely have to go to another town to receive private treatment. Our town’s medical watchdogs are our ED staff.