When people think of a Medical Malpractice suit, most may sympathize with the physician, but often the general public secretly roots for the patient’s chances at winning the Medical Malpractice Lottery. It may be a bit more controlled than that, but false or unsubstantiated claims cost us all a small fortune, and the price doesn’t always come out of the pocketbook.
The Mayo Clinic performed a study which found that physicians who are sued often begin a downward spiral of self-doubt which extends far beyond hurt feelings. The standard of care slips. Doctors begin to doubt themselves, their medical skills, diagnosis… Any and all of these aspects may come into play as the doctor is drawn farther into the legal process, leading to depression. Depositions, court appearances, patient and expert testimony, these are just the beginnings of a process which saps the healer’s strength, leaving the patient case load to pay the price.
When a frivolous lawsuit is filed, the doctor’s quality Medical Malpractice coverage usually kicks in, covering the direct costs of the defense. But it doesn’t cover the indirect costs and expenses, such as the time away from patients to give statements, make courtroom appearances, and the like. The physician is draggged through the muck even when he or she is entirely free from fault, to defend against the allegation. Of course, we all pay for the direct costs of defense, and any settlement which might be agreed upon or awarded. What’s less well known is that the doctor’s other patients are also suffering because of it as well.
As our leaders contemplate ways to get control of runaway medical coverage costs and provide affordable healthcare for all of us, the prices paid for frivolous, baseless lawsuits must be considered as well. Some physicians have become proactive, turning to organizations like Medical Justice for support. Dr. Jeff Segal, founder of Medical Justice, is determined to get put this ugly assault in check. One way that this organization does so is to counter-sue the patient as well as the attorney, seeking restitution for the loss of income, damage to reputation, etc., which are all results of a false or inappriopriate claim being filed.
This approach may not appeal to everyone, but if we are to get a grip on the “sue me” mentality and allow physicians to return to their job as healers, we — as a society — are going to have to stand united against false claims. A physician is not a pinata, to be poked and swiped at in hopes of recieving free treats. As we demand a high degree of excellence from them, we must also afford them protections against such disrespectful and unappreciative perspectives as would motivate people to sue without just cause. We should do so because it’s the right thing to do, of course. But it goes far beyond that when the false allegation affects the physician’s ability to provide quality health care.
We may forget, sometimes, that the doctor is a living, breathing, feeeling human being who feels the bite of that betrayal most sharply. It’s high time we all stood up against those who choose to make their doctor the enemy. Those who view a medical malpractice suit as a winning lottery ticket are costing us all in ways we can’t afford, ways most don’t ever even think about.