Medical malpractice tort reform, the very existence of hearing these words should bring a cold, haunting, piercing shiver, to anyone not connected to the medical field. If there was any good that came out of the new compulsory Federal Healthcare Bill, a monetary cap wasn’t placed upon these negligent “derelict of duty’ law suits, for the irrational, bungling inept errors in patient care. Any substandard degree of carelessness in medical care, to the defenseless, at their misfortunes, must not be tolerated.
The physicians, and all related professionals, claim that they are paying extremely high exorbitant insurance rates on their malpractice insurance, but actually, it was they themselves who made their own bed? They naturally place blame on attorneys and the public whose only fault is to seek competent medical assistance, procedures and potential cures for themselves and their families. Tort reform would obviously add additional salt to the wound by limiting legal forms of restitutions, which is the only possible means of holding these individuals accountable for their own actions. Even if Tort Reform was placed into law, the medical field would find a new “scape goat”, instead of having the legitimate decency of honestly and fairly policing their own, without using their protective “code of silence”.
The doctors, nurses, medical technicians, case workers and staff must be made liable for all their maliciousness. These fields of endeavor are not above the law. All legal principles are enforced in every other profession and healthcare practices are no exception.
Recently, there was a successful suit filed against certain practitioners associated with the Bayonne Medical Center, in which most settled out of court, but one had the illusionary arrogance of claiming and stressing innocence, the jury obviously saw it differently?
Naturally we are all human and make mistakes. Consequently though, if they are created needlessly, by unnecessary, unprofessional behavior, incompetence, out of laziness, lack of dedication or compassion, totaling disregarding the patient, resulting and inflicting in discomfort, pain, injury, permanent disabilities, hardships or even death, then there must be punishment or compensation made for these unwarranted responsible acts..
There are no excuses in accepting these malfunctions enacted by any hospital or their associated employees, including the physicians. The law of human dignity and respect must prevail.
Some cases offer no solutions or alternatives but to seek justice, satisfaction, and answers. The only remedy left open is bringing the alleged guilty party to justice, which unfortunately is a court of law, exposing the truth. These sorrowful lackadaisical errors are increasing, often resulting in the patient’s demise or permanently disabling them for life. Faith, confidence and dedication are obviously replaced with idleness, complacency, and the almighty dollar. The so-called New Jersey Doctors strike, in 2003, showed their true colors.
Nothing can ever replace the loss or pointless suffering of a loved one, but what options are left, except the law and monetary ramifications? If the medical community is so worried about constantly being sued, then why don’t they submit themselves to higher standards?
William P. Frasca
Jersey City, N.J.