From med mal claims guy since 1985

There are many reasons for reform and alot of money involved so I understand the emotion. If you want reform,-THIS is what will work. - get more of the indemnity to the injured . They only get 40% of the cases total cost. 60% go to fees. Sliding fees for attorneys. - mandatory insurance for docs, you need it to drive! No policy / no patients. - Cap on pain and suffering awards, you pick the amount. You cant measure nor weigh pain by $'s. A subjective concept with an objective fix ($) . - Loser of the case pays the costs of the other party. Many ideas exist here. - Structured settlements for all settlements over $500k- it helps everyone. - Presuit affidavits from experts re liability, causation and damages. mandatory mediations. - Arbitration - a jury of peers. Still your day in court, just a different forum. - In court, a jury of peers , docs intentionally don't get them, how about a minimum of a bachelor degree to sit for med mal. Would you want your career decided by a few people that have seen House and ER a few times ? I could go on and on. The truth is nobody really wants to fix this, too much money involved. Most of the thousand cases that I have settled since 1985 have some element of fatigue, poor communication, especially at shift changes, and /or poor staffing. Pay the money to nurses and get more of them and the number of claims will decrease. One last thing med mal has nothing to do with the cost of Healthcare. Repeal McCarron ferguson . Give me access to all 1500 healthcare carriers in the US. Let them compete for my buck. Lets see- you pay a large premium, you have a large deductible to meet before they pay and then a co-pay. So what do they get to pay? Sweet deal. regards Jim O'Hare VP claims PIC pompano fl

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