The Glade 4.0

There is also the problem that most malpractice settlement do not actually go to malpractice, they go to bad outcomes. (95% by one estimate)

What are bad outcomes? They are the things that we know can go wrong. Let us say someone has a knee replacement. There is a 2% chance that they will develop a blood clot in their leg, despite blood thinners and early mobilization. There is a 0.1% chance of having a joint infection (3% if it is the second joint replacement there.) So these are know risks. and things do go wrong. The doctor did everything right, but things went wrong.

Also, it costs money to defend a doctor if a suit is filed. $25,000 is the average cost to the doctor, if the suit is thrown out. This money can not be gotten back according to the law in the US. (I believe that if a suit is found to not have merit in England, the person who filed the suit must pay both legal bills.)

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Memento Vivere

I have local knowledge.
That sandbar was not there yesterday!

It is almost impossible to know whether a bad outcome is due to malpractice. The doctor can do everything right and the outcome can still be bad. By the same token, the doctor can be horribly negligent and everything can still turn out fine. It all comes down to probability, which does not mesh well with the jury system.

When there's a bad outcome, all the plaintiff's lawyer has to do is go through the records and find one small mistake. This is easy, because nobody is perfect. He will then suggest that this mistake caused the bad outcome. Most of the time, it is possible that it did. But where is the cutoff? At what probability is the doctor guilty? There's no guidelines, the jury has to decide on their own. So malpractice cases come down to which lawyer is more eloquent, how many Robin Hoods you get on the jury, etc. It's really not a problem you can solve while we use the jury system.

I think you need to learn more about the distinction between malpractice, negligence, and gross negligence. No offense intended.

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“The duty of a patriot is to protect his country from its government.” - Thomas Paine

Hmm, I always thought Malpractice and Negligence was the same thing.

Also in the court of law, all you need to prove malpractice is to find an expert who will say that your doctor malpracticed. There are enough people out there that you'll find 1 who's on your side.

Another one from Reason on healthcare. This one is about a woman waiting over 3 years for hip replacement surgery in Canada. She was told to take painkillers, as in morphine plus oxycontin and even anti depressants for the pain. Eventually she came to the US to get her surgery.

[youtube]iRPhltjPSFs[/youtube]

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“Strong people are harder to kill than weak people, and more useful in general”. - Mark Rippetoe

You're such a CATO shill, Dash.

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“The duty of a patriot is to protect his country from its government.” - Thomas Paine

Guilty! Reason does have some of the best stuff though.

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“Strong people are harder to kill than weak people, and more useful in general”. - Mark Rippetoe

Oh, I agree. I'm just pointing out your shillitude.

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“The duty of a patriot is to protect his country from its government.” - Thomas Paine