NY Daily News - Studies show that in the regular court system, at least one fourth of doctors are liable when they are truly blameless and are held blameless when they deserve blame. The current system does not even aspire to upholding reasonable standards of care. Instead it is an ad hoc process in which one jury may find a defendant liable, where another jury, considering the same facts, may not. That has bred a toxic culture. Doctors will do almost anything to avoid being dragged through the courts.
No wonder more than half of all states have caps on malpractice liability yet still have rampant defensive medicine. Nor is the current system effective for injured patients - it takes an average of five years for a case to be resolved, almost 60% of an award goes to lawyers and administrative costs and in those one-fourth of the cases in which doctors who made mistakes escape blame, the victims get nothing. Read full story here: News New Mexico
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