Showing posts with label binding arbitration. Show all posts
Showing posts with label binding arbitration. Show all posts

Monday, September 28, 2009

Doctors want tort reform -- Give it to them

Every week doctors and lawyers across the nation get in arguments over medical tort reform. Whenever the doctors ask the lawyers what they do about their mistakes the lawyers always come back: "Lawyers appeal their mistakes, doctors bury theirs". Not a good way to promote civil discourse!

Doctors claim that one of the largest components of unnecessary medical costs are the defensive and redundant tests and procedures they are being forced to order to combat the legal suits filed by greedy personal injury ambulance chasers. Something they forget is the reason that any award is made against them comes from the courts and juries finding the doctor was negligent and at fault after a fair hearing. Most complaints never make it to court because the insurance carriers settle the claims and have a confidentiality agreement signed by all parties.

I propose the medical profession should catch up with some of the other professions and promote binding and public arbitration through the local State Medical Review Boards. It would be quicker and less expensive. Financial Advisers and Lawyers have done that for years. My monthly Georgia State Bar Journal has pages of sanctions and disbarment. Every month the Financial Industry Regulatory Authority (FINRA) publishes all the financial representative registrations they've pulled and the awards they've made in the Wall Street Journal. Here's my proposal: