01 March 2009
Protecting the Incompetent
03/01/09 15:10 Filed in: Medical
Malpractice | Tort Reform
The
medical malpractice insurance industry again seeks
to shield the physician who negligently ignores
safety in the emergency room (3 out of the last 4
years they tried and failed to push a similar
bill). However, this time around SB0079 attacks
patients and doctors alike. First, SB0079 raises
the burden of proof for patients injured by
negligent, unskilled or poorly trained emergency
physicians by requiring a 'clear and convincing'
standard. Second, SB0079 actually attacks
physicians who dare to offer opinions critical of
their peers. Physicians who testify against other
physicians can be subjected to discipline for
offering their honest opinion and criticism.
SB0079 shields the unskilled, poorly trained or plain negligent emergency room physician with a blanket immunity, allowing such physicians to remain unaccountable and in practice for all but the most horrific deaths or injuries in emergency rooms.
Raising the standard of proof for injuries from "preponderance of the evidence" to "clear and convincing" evidence is a solution looking for a problem. Already, Utah law takes into account the heated circumstances in an emergency room by requiring that physicians exercise reasonable care under those circumstances. Moreover, there have only been a few emergency room cases filed in the last few years. It makes no sense to shield these minority actors from legitimate claims by intimidating physicians who dare to offer critical testimony through potential disciplinary action.
If you find this intimidation tactic legislation offensive, contact your state legislator and voice your opinion. You can find your state representative by clicking here for help finding your district and representative.
SB0079 shields the unskilled, poorly trained or plain negligent emergency room physician with a blanket immunity, allowing such physicians to remain unaccountable and in practice for all but the most horrific deaths or injuries in emergency rooms.
Raising the standard of proof for injuries from "preponderance of the evidence" to "clear and convincing" evidence is a solution looking for a problem. Already, Utah law takes into account the heated circumstances in an emergency room by requiring that physicians exercise reasonable care under those circumstances. Moreover, there have only been a few emergency room cases filed in the last few years. It makes no sense to shield these minority actors from legitimate claims by intimidating physicians who dare to offer critical testimony through potential disciplinary action.
If you find this intimidation tactic legislation offensive, contact your state legislator and voice your opinion. You can find your state representative by clicking here for help finding your district and representative.