How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

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I did hear a good piece on NPR the other week about the malpractice bugaboo and doctors. The most interesting point was that the *vast* majority of doctors who lose malpractice suits retain their liceneses to practice. On the surface, that seems somewhat reasonable... doctors might like to pretend they are gods, and patients might like to hope they are gods, but they are, in reality, human just like the rest of us, and thus capable of mistakes. What struck me was that there seemed to be no licensing penalties for *multiple* malpractice occurances, and even when docs lost in court, they rarely lost their liceneses. Seems to me *that* is where the high cost of malpractice insurance is coming from... the doctors themselves.


Has it occurred to you that the medical field might have a rational belief that the average malpractice verdict is based on bullshit and in no way actually reflects what is actually reasonable care?

No, I don't believe it either. But just because the law holds you liable for something doesn't mean you actually did anything wrong.


Fucking Brilliant!!!

Another young lawyer learning at the knee of a master.


Actually, that *did* occur to me... but it wasn't shocking to me that they lost in court, but rather how many of them were reprimanded *by their own sactioning bodies*, without any penalties on their licenses.


Fairly comprehensive studies have shown that malpractice verdicts are correlated with the result to the patient, rather than the quality of care provided, which is why Senator Edwards loved the brain-damaged baby cases. Most malpractice doesn't result in lawsuits; most lawsuits don't involve malpractice. It's unclear to me why anyone thinks the current system is effective.

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