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Malpractice News
Medical Malpractice Reform Legislation Fails In Senate
Senator Dole Says Vote Denies Women Access to Quality Healthcare
February 24th, 2004 - Washington, D.C. - Senator Elizabeth Dole voiced her strong support of the Healthy Mothers and Healthy Babies Access to Care Act, urging her Senate colleagues to send the bill to a vote. Unfortunately, Senate Democrats are filibustering the legislation and therefore blocking a final vote.
“North Carolina doctors are being hit hard, particularly our OB-GYNs who face constantly rising, astronomical premiums just to stay in business,” said Dole. “Many of our OB-GYNs have been forced to move or quit their practices, leaving women in our state with access to fewer and fewer physicians. This is unacceptable.”
Today Senator Dole spoke at a Senate press conference at the Capitol on the bill and was joined by Dr. John Schmitt, an OB-GYN who had to leave his practice in Raleigh after seeing his insurance premiums triple from $17,000 to $46,000 a year. Throughout her 2002 campaign, Senator Dole spoke about the need for medical liability reform and referred to Dr. Schmitt as one of many doctors forced to leave their North Carolina practices. Dr. Schmitt currently is on the medical school faculty at the University of Virginia.
The Healthy Mothers and Healthy Babies Access to Care Act (S.2061) ensures that patients receive full and unlimited compensation for economic damages. The bill reforms non-economic damages so that patients receive fair, but not excessive, compensation.
You still have rights even if you signed a consent form
A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
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Definition:
The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time.
Arbitration
Definition:
A process for deciding a legal dispute out of court; a substitute for an ordinary trial.
Medical Treatment
Definition:
Lawsuits related to medical treatment are triggered by a number of causes, including failure to select the correct treatment or to monitor or follow up on the patient's condition.
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