10-07-2008, 06:02 AM
quote:
Originally posted by Beachboy
quote:
Originally posted by hpp4me
The problem will not be solved until Hawaii passes tort reform to get rid of the frivolous lawsuits. I like the "loser pays" approach. That would prevent people from suing to extort money. We know the game. Make them cough up $50,000 rather than pay $150,000 in legal fees. If the loser had to pay back that $150,000 they would not sue.
I don't think that's a problem here in Hawaii. Some years back while at Daiei Store in Kaheaka St., I meet a wheelchair bound individual. After talking briefly about this person's injury/handicap I quickly said to her..." you sued didn't you?" Her reply came back as quick as the questioned rolled off my lips, "You're joking right?" she said. Upon further conversation I found out that this person became handicapped because of a negligent Doctor at Queens Hospital. You think it would be a cut & dry case of malpractice. You just can't get another doctor in the state of Hawaii to testify against another member of the chapter of the AMA Hawaii medical association! They have an unwritten rule to never testify against another doctor in the state...
The problems with doctors here is at epic purportion. Even half the ones at clinics aren't even Doctors too, they are what are referred to as PA's,' Physicians Aids'. Glamour up nurse if you ask me. Actually I found the physicians at Bay Clinic not very compentent
The problem isn't bad docs. If that was truly the case, then no one would be sad to see these 4 doctors leave. Did you not read that article? 85% of malpractice cases are dismissed, at a cost of $150k to the doctor or their insurance. Meaning there was no evidence of any malpractice.
These aren't criminal cases, these are civil cases where the evidence against the defendant does not have to be proven beyond reasonable doubt. You only have to prove that the doctor intentionally or maliciously performed an act that was detrimental or didn't provide the same basic care or act that is expected by the profession in the area and is defined in the scope of practice in the state. Fairly broad and easily left to interpretation.
You are also wrong that you can't find doctors willing to testify against other doctors. There are doctors that make a living doing just that. They get paid to be expert witnesses for the plaintiff and will review the doctors files and give his opinion on whether the doctor did anything wrong. In a civil case a plaintiff can call multiple expert witnesses to support their claim, and they usually do call at least 2-3.
The reason doctors leave is simple economics. I have to pay for an office, employees (their health benefits) and supplies. I then have to pay for my cost of living. To do so i have to see X number of patients to meet my demands at X amount of dollars I get from each visit by the insurance company. If the insurance companies lowers their reimbursement (which is happening everywhere, while premiums go up... do the math.. who wins?) then I have to see even more patients to meet my demands. Eventually it gets to the point where you have waiting lists because other docs can't make it and give up and you pick up the load.
It becomes too much. You are overworked and underpaid. Why not go elsewhere and make more money for less work and less stress??? Who wouldn't do that?
I think the only reason these docs didn't leave sooner is a sense of obligation to their patients or love for the island. But when it comes down to it.... doctors are small business owners that have to make a living.
