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MEDICAL ERRORS AND THE LEGAL SYSTEM

MEDICAL ERRORS AND THE LEGAL SYSTEM. Elizabeth N. Mulvey Crowe & Mulvey LLP. WHY PATIENTS CALL LAWYERS. Frustration with access to care Provider was rude or unavailable Financial obstacles to care Search for quick buck. WHY PATIENTS CALL LAWYERS. Frustration with access to care

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MEDICAL ERRORS AND THE LEGAL SYSTEM

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  1. MEDICAL ERRORS AND THE LEGAL SYSTEM Elizabeth N. Mulvey Crowe & Mulvey LLP

  2. WHY PATIENTS CALL LAWYERS • Frustration with access to care • Provider was rude or unavailable • Financial obstacles to care • Search for quick buck

  3. WHY PATIENTS CALL LAWYERS • Frustration with access to care • Provider was rude or unavailable • Financial obstacles to care • Search for quick buck These people are public relations and/or societal problems

  4. WHY PATIENTS BECOME CLIENTS • Search for answers • Ability to care for child/family in future • Prevent from happening to others

  5. WHY PATIENTS BECOME CLIENTS • Search for answers • Ability to care for child/family in future • Prevent from happening to others These people are malpractice problems

  6. Better care by individual physicians Protocol/guidelines development Relieve society of cost of care BENEFITS OF LAWSUITS

  7. INDUSTRY MYTHS • Malpractice insurance crisis • Exodus of physicians • No-fault system is solution • Need for confidentiality/secrecy

  8. LEGAL PROTECTION FROM RUNAWAY JURIES • Medical malpractice tribunal • Expert testimony requirement • Statute of limitations/repose • Error in judgment • Peer review privileges • JURIES!

  9. PATIENTS’ NEEDS • Compensation for injuries • Explanations for adverse outcomes • Safer health care systems

  10. PHYSICIANS’ NEEDS • Reasonable compensation for care • Affordable insurance • Ability to acknowledge fallibility • Incentive for improvement

  11. HOW DO WE GET THERE • Honesty is the best policy • Malpractice insurance is a business • BETTER AND SAFER CARE!!!

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