Your Central New York medical malpractice lawyers, Michaels & Smolak, have a quiz for you: What percent of doctors do you think end up paying 32% of all medical malpractice claims? In other words, what percent of doctors are so bad, so careless, so negligent, that they account for nearly 1/3 of all medical malpractice payments to patients? Do you think it might be 20%? 10%?
Wrong. One percent! That’s right, 1% of docs end up paying 32% of med mal claims. That’s because they are TERRIBLE doctors. That means that if the American Medical Association and medical malpractice insurance companies (“the medical establishment”) would be so kind as to boot out only one in one hundred doctors, medical malpractice payments would go down by 1/3. Insurance companies would save millions of dollars. The medical malpractice premiums the remaining doctors pay would conceivably be reduced by 1/3.
And get this: Ninety-four percent of all doctors have no medical malpractice claims brought against them. None! So conceivably if the medical establishment would weed out the “bad” six percent, medical malpractice claims would cease to exist.
Now, what does the medical establishment do about these statistics? Do they banish the bad docs? No! Instead they blame the lawyers. (We’ve been the world’s favorite scapegoat ever since Shakespeare said, “first, let’s kill all the lawyers“). The medical establishment lobbies our legislatures to ban or strictly limit malpractice claims, not the malpractice itself.
They call it “tort reform”. I call it shooting the messenger to avoid addressing the message.
Doctors who accumulate multiple malpractice claims are a threat to the health care system, a threat to you, and a threat to your family. They are a cancer that must be extricated from our health care system. But instead, the medical establishment wants to make suing those bad doctors either extremely difficult or impossible. They want to leave the cancer alone, and silence those who call our attention to it. After all, a medical malpractice lawsuit is a form of speech. It sends a strong message to the medical community: “This doctor should not be in business”! But the medical establishment wants to shield rather than shun the bad docs who are getting sued time and time again.
The medical profession is a white wall of arrogance. Their message is, “how dare those lawyers who sue us! We’re MEDICAL DOCTORS! We should not be held accountable for our mistakes!”
Look. I’m not saying bad docs should not be allowed to make a living. They can surely find some kind of medical-related occupation. Just keep them away from us, the patients! That’s where the medical establish should be focusing their efforts. Instead, they aim their big guns at nice guys like me. Go figure . . .
Email me at: firstname.lastname@example.org I’d love to hear from you!
Michael G. Bersani, Esq.