The only reason we don't mention tort reform and malpractice is because it's not really controversial at all. Everyone agrees that malpractice is out of control and tort reform is a good thing. There's no one coming on to SDN saying, "yes, it's great that doctors get sued for millions and millions over little stuff in the absence of proven negligence", but people are coming on here saying stuff like that DNPgator person, which was not only insulting, condescending, and disrespectful, but frightening from a patient care standpoint as well as a professional one - people like her are quite literally blathering that they are better than us and should replace us. Replace doctors. Suggesting that nurses should replace doctors. That's why we get riled up. Hopefully that makes sense.
Tort reform is something that we as medical professionals need to put our differences aside and team up against lawyers deciding how the doctors practice medicine. I want doctors/nurses/pa's/np's to decide how we take care of patients, not some lawyer. If we sit back and imagine the possibilities, its scary.
The government is already not paying for hospital related infections, skin breakdown and UTI's. As we all know, sometimes these things, such as skin breakdown, cannot be avoided due to medical condition. There are no exceptions made for this. Maybe your patient has anasarca, maybe they are 200 kg or maybe they are 50 kg skin in bones. You know how difficult it is to keep that skin intact. If that patient gets a decub, you are not getting paid. Maybe the insurance company will pay for a pressure relieving bed, maybe not. Too bad either way. Have you seen all the lawyer commercials on TV asking families if thier loved one developed a bedsore in the hospital? If so, call them for a settlement. Turning and positioning the patient may or may not help. With hospitals refusing to hire more nurses or support staff, there is little time to make sure that your patient is clean and turned every 2 hours. There are MD groups that are joining nursing organizations to push for state mandated nurse-patient ratios. I think we can all agree that if a nurse has too many patients, the patients are not going to get proper care. How about the payment based on outcomes issue? Someone has to take care of high risk patients. If you a skilled MD, these patients will be referred to you and you will not be able to refuse them. Based on the poor prognosis of the patients, your outcomes will not be as good as those who are taking well patients. You take all the risk and recieve none of the benefit. This has to stop.
I have had to give a deposition in the past for a case that I really had little to do with. My name was in the chart. I have given written statements and had phone conferences with risk management in defense of MD's before.
What do I imagine in the future if we continue to allow lawyers to guide healthcare? Of course these are hypothetical situations, but you never know, this could be reality one day.
Insurance companies and lawyers will set protocols for practice. MD's must practice by these guidelines and any deviation from them will void your malpractice coverage. Board certification is required to become insured. If you don't have coverage, you don't have hospital privledges.
Hospitals and insurance companies will deem residents as a liability. Fewer attendings will agree to supervise residents, less residents will be accepted, and their ability to practice without direct supervision will be limited or eliminated. Patients will be notified on admission that they may be cared for by a resident and they can opt out if they choose. Due to the shortage of residency positions, med school admission will also be decreased, schools will shut down. The country will face a huge shortage of MD's.
All settlements and errors made by MD's will become public record. Your salary will become public record like many public politicians. You are a public servant after all (at least in the eyes of the public) and the people want to know how much money you are making.
If you refuse to accept or care for any patient, you can be held liable. Currently, the law requires patients with emergent conditions to be seen. I mean in the future if a patient shows up at your private office and wants to become your patient, you will not be able to refuse even if they have no ability to pay.
Since insurance companies, and state laws will strictly limit how you practice, other types of providers trained in specialty areas will take over many of the duties that were previously limited to the MD. Some bachelors prepared tech will screen patients via algorhythm and guidelines written by lawyers and traitor MD's to determine if the patient needs to see an MD or can see a PA/NP to save money. MD's will see patients who have complex and acute medical issues and need skilled interventions only.
These are issues that effect all of us. This is why we need to work together to keep the MD's as the primary decision makers, not lawyers or insurance companies. If the NP role scares you now, think about what will happen when they have lesser trained tech's taking over. Lawyers use the argument that capping awards gives MD's no incentive to practice safely because they can afford to buy a patient's life so to speak.