“. . . any system that accuses 99% of its practitioners of gross incompetence is deeply flawed, rife with injustice and bloated by needless waste and stress.” C H Smith
What can you say about a “healthcare” system in which 99% of all physicians will face a malpractice claim in their careers? According to Malpractice Risk According to Physician Specialty (The New England Journal of Medicine), “It was estimated that by the age of 65 years, 75% of physicians in low-risk specialties had faced a malpractice claim, as compared with 99% of physicians in high-risk specialties.”
Longtime correspondent Ishabaka (M.D.) provides some context:
“A little legal education is necessary to understand malpractice:For a malpractice suit to be successful, there are five necessary things:
1. A duty to treat – there has to be an established doctor – patient relationship. A typical example would be someone who corners me at a party and asks me what I think is causing their abdominal pain. I give them my card, ask them to make an appointment for a check-up, they never do, and the pain turns out to be fatal cancer – in that case I had no duty to treat.
2. Failure to practice the standard of care – note – this does not mean the BEST care in the world – it means the average, or median standard of care. Continue reading