And in Pennsylavania it only gets uglier

by rcentor on December 29, 2002

Doctors angered by letter from Pa.: The state warned them not to abandon patients. Many may quit their practices amid an insurance crisis. So what did this letter say?

The Dec. 20 letter from Secretary of the Commonwealth C. Michael Weaver was sent to all licensed doctors in the state as a “reminder” of their professional and legal obligations to their patients.

The letter arrived as some doctors say they will, at least temporarily, stop practicing medicine as of Wednesday in response to the state’s malpractice crisis.

“A stoppage of practice may be detrimental not only to your patients, but also to your practice, your standing amongst colleagues, as well as your license should your conduct be found to constitute abandonment,” Weaver wrote.

Weaver’s office oversees the licensing and disciplining of Pennsylvania doctors.

When a fire rages, one should not throw oil. This letter brought outrage and dispair from the physician community.

But the letter has generated a firestorm of protest from doctors.

“It is psychologically abusive to have a letter like that come to our homes during the holidays,” said Lynette B. Goodstine, a Montgomery County internist.

On Friday, the Pennsylvania Medical Society was inundated with calls and e-mail from doctors infuriated by Weaver’s letter.

“Many physicians found the tone of the letter insulting and threatening,” said Roger F. Mecum, executive vice president of the Pennsylvania Medical Society, which represents the state’s doctors.

“Physicians of this state would like the representatives of our state government to help us solve this problem as quickly as possible, and not point out the moral and ethical obligations of physicians of which they are well aware,” Mecum said.

I believe that the country’s best hope lies in the Congress. The entire country needs tort reform. This is more than just a physician issue. According to the Washington Post, we should expect progress. GOP Plans New Caps on Court Awards . This article speaks to the large issue of tort reform and includes this about malpractice.

Lott said congressional Republicans early next year will push for legislation proposed by the president that would dramatically limit the liability of physicians sued for medical malpractice. Under the plan, aggrieved patients could seek no more than $250,000 for pain and suffering, even if their state’s law permitted a much higher award. There would be no federal limits on compensation for economic damages, such as lost wages and medical costs.

When Bush announced the plan earlier this year, he said the limit was needed to keep doctors from being forced out of business by escalating malpractice insurance costs. Democrats say the $250,000 limit is much too low, particularly for patients whose lives are changed forever by a physician’s wrongdoing.

In the last two years, doctors have given the GOP $7.8 million and Democrats $3.8 million, according to the nonpartisan Center for Responsive Politics.

In the past two years how much money have trial lawyers given to each party? I would expect the Washington Post to show more balance here.

For those who want to keep up to date on the problems associated with trial lawyers, I recommend Overlawyered.com. That site does a great job of documenting the problems associated with our current tort system. Meanwhile, things just get uglier in Pennsylvania. Do not be surprised to see an ongoing exodus of physicians.

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{ 3 comments }

Beth December 29, 2002 at 11:37 am

Did those physicians, that endagered themselves by driving to see their patients during Wednesday’s snowstorm, on Christmas day no less, need a condescending lecture on patient abandoment?

Beth December 29, 2002 at 11:37 am

Did those physicians, that endagered themselves by driving to see their patients during Wednesday’s snowstorm, on Christmas day no less, need a condescending lecture on patient abandoment?

John Anderson December 30, 2002 at 10:35 pm

How many lawyers vetted that stupidity before it was sent out, I wonder?

“… as well as your license should your conduct be found to constitute abandonment,” Weaver wrote.

Sounds like a threat to me. But

Gov. Schweiker’s office said doctors should not overreact to the letter.

Yah, sure. You will be punished if you practice without the insurance you cannot get, and you will be punished if you do not practice: overreact?

Not that the ‘ethicist’ helped –

University of Pennsylvania medical ethicist Arthur L. Caplan said patient abandonment was not an issue doctors should casually dismiss.
“Ethically, it is essential that no patient be abandoned and left in the lurch because of a political action by a physician, nurse or other health-care provider,” he said.

Political action? They are not parading for a political candidate or party, or even stance, they are objecting to being put out of business and then punished because of it. Debtor’s prison went out of style a long time ago.

OK, it is another “unintended consequence” of well-intentioned people, but it has been obvious for several years at the least. Decrease payments (Medicare) as costs increase, and trouble is pretty obviously going to come. Meanwhile, legislatures do things such as New Jersey’s latest, requiring person-specific locks on firearms – a technology that does not even exist, as well as a bad idea (IMO).

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