Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Suing doctors for patients' acts
Waterbury Republican-American ^ | December 14, 2007 | Editorial

Posted on 12/15/2007 1:46:38 PM PST by Graybeard58

Ambulance chasers rejoice! If you don't already have a BMW for every day of the week, you can buy one now. If you only have an 80-foot yacht, you'll soon be able to afford a 200-footer. The Massachusetts Supreme Judicial Court has given you a bonanza.

Dr. Roland Florio was treating David Sacca, 75, for emphysema, hypertension and lung cancer. As part of Mr. Sacca's treatment, Dr. Florio prescribed oxycodone, Zaroxolyn, prednisone, Flomax, potassium, Plaxil, oxazepam and fursemide. A common side effect of several of the drugs is drowsiness, and on March 22, 2002, Sacca passed out while driving and struck and killed Kevin Coombes, 10, who was standing on a sidewalk with a friend.

Kevin's mother sued Mr. Sacca and Dr. Florio. A lower court threw out the case, but on Tuesday, the Supreme Judicial Court said the case could proceed to trial, leaving it up to lawyers and juries to decide whether a physician is liable for injuries suffered by someone he never saw. Justice Roderick L. Ireland, author of the lead opinion, compared doctors to bartenders who can be held liable for injuries caused by their customers.

That's a false analogy. Bartenders serve recreational products, watch their customers consume it and can cut them off at any time without affecting their customer's health. Doctor prescribes medicines essential to the preservation of their patients' life and health, nearly always aren't present when the drugs is taken and can cut off treatment only at their patients' risk.

In addition, unlike alcohol, prescription drugs come with copious written warnings, usually with stickers attached to the pill bottles and with detailed sheets listing possible side effects. Further, Mr. Sacca had been on the medications for months before the accident without serious side effects.

Said Dr. Dale Magee, president of the Massachusetts Medical Society: "This is one more straw on the backs of practicing physicians who feel the liability challenges out there are being broadened. Now they're being held responsible for things that happen beyond the physician-patient relationship." Added Reni Gertner, editor of the Massachusetts Medical Law Report: "Absolutely the case has precedent-setting value."

Now that the courts want to hold deep-pocketed doctors responsible for what happens to people they've never met or treated, the only limit to their potential liability is the imagination of trial lawyers who have renewed incentive to chase every ambulance. And next time your health insurance co-pay goes up or you find the specialist you hoped to consult isn't taking new patients, thank the Massachusetts Supreme Judicial Court and its hideous decision.


TOPICS: Culture/Society; Editorial
KEYWORDS:
Navigation: use the links below to view more comments.
first previous 1-2021-4041-55 last
To: OCC

Contrary to common belief, doctors are not usually the “deep pockets”. It’s the malpractice insurers - to whom doctors pay insanely high premiums - whom the plaintiff’s attorneys rip off by the jury system. The insurance carriers simply pass on the charges to the doctor-insurees, until they can’t afford it any more and have to change their practices or leave the profession entirely.


41 posted on 12/15/2007 4:24:29 PM PST by justiceseeker93
[ Post Reply | Private Reply | To 39 | View Replies]

To: Graybeard58

Our judicial system is crap and needs a complete overhaul.

Leave the lawyers out of the room when performing it, too.


42 posted on 12/15/2007 7:44:48 PM PST by abercrombie_guy_38
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58
In addition, unlike alcohol, prescription drugs come with copious written warnings, usually with stickers attached to the pill bottles and with detailed sheets listing possible side effects...what part of "May cause drowsiness - do not operate machinery while taking this medication" couldn't Mr. Sacca understand?......
43 posted on 12/15/2007 9:08:15 PM PST by Intolerant in NJ
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fedupwithit

“The docs can stay in the state, and raise their rates 300%...”

If it were only that easy. Reimbursement rates are predetermined almost entirely by the federal government, via the largest payer in the mix, Medicare. In fact, if you dig a little closer, you will see that health care is about to come to a standstill as Medicare is planning to cut reimbursement rates 10.1% in January. They were already at 1993 levels.

Nope, Doctors long ago abrogated their ability to determine financial outcomes, short of effectively choosing not to practice. The legal system very much intends to continue to whittle away at the profession.

Overall, this is one of the painful open sores in the crises of traditional American values: Ignorance and victimhood vs. responsibility and honor (both of which are revealed through transcendence). A gambler would bet against their return.


44 posted on 12/15/2007 9:34:12 PM PST by Harrius Magnus (Pucker up Mo, and your dhimmi Leftist freaks, here comes your Jizya!)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Graybeard58

Madness.


45 posted on 12/16/2007 5:07:12 PM PST by Mamzelle
[ Post Reply | Private Reply | To 1 | View Replies]

To: NautiNurse

I bet this same woman complains to her doctor about the bad taste of her suppositories.


46 posted on 12/16/2007 5:14:58 PM PST by Nachoman (My guns and my ammo, they comfort me.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Tennessee_Bob

Congratulations to you and the wife.


47 posted on 12/16/2007 7:34:21 PM PST by oldteen
[ Post Reply | Private Reply | To 23 | View Replies]

To: Tennessee_Bob

The little angel must be sleeping if you’re posting!

Congratulations!! :-) Any pics?


48 posted on 12/16/2007 7:39:31 PM PST by arizonarachel (Our miracle is finally here! Check my profile to see a pic!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: NautiNurse

Is that a true story? Good Lord that’s hilarious.


49 posted on 12/16/2007 7:56:14 PM PST by Bastiat_Fan
[ Post Reply | Private Reply | To 29 | View Replies]

To: Bastiat_Fan

True story, told to me by the physician.


50 posted on 12/16/2007 8:41:21 PM PST by NautiNurse (Plants are people too)
[ Post Reply | Private Reply | To 49 | View Replies]

To: NautiNurse

too funny, too funny


51 posted on 12/16/2007 8:46:34 PM PST by Bastiat_Fan
[ Post Reply | Private Reply | To 50 | View Replies]

To: Graybeard58

Either the physicians in Mass must organize—like a union—or leave the state. I remember when the trauma surgeons in Las Vegas resigned en masse because they could not afford the insurance.


52 posted on 12/17/2007 8:17:48 AM PST by Mamzelle
[ Post Reply | Private Reply | To 1 | View Replies]

To: NautiNurse
She was inserting them...

Took a call from a patient who had been prescribed the BC patch. She was calling in because the patch was painful to remove. I conferenced her in with a pharmacist, and stayed on the line (company policy in case she needed assistance after the consult). Thank goodness for the mute button. If the medication in the patch didn't prevent pregnancy, the location of the patch would. It was pulling short hairs when she removed it.

53 posted on 12/18/2007 7:56:30 PM PST by Tennessee_Bob ("Those who "abjure" violence can only do so because others are committing violence on their behalf.")
[ Post Reply | Private Reply | To 29 | View Replies]

To: Tennessee_Bob
If the medication in the patch didn't prevent pregnancy, the location of the patch would.

Ha! the chastity patch

54 posted on 12/19/2007 3:08:27 AM PST by NautiNurse (Plants are people too)
[ Post Reply | Private Reply | To 53 | View Replies]

To: Fedupwithit
As a physician, you can pull up stakes, move to another state, and practice there. This will cause a shortage of doctors in MA, but for all tense and purposes that would be a good thing.

Although doctors are NOT monolithic on social issues, the New England Journal of Medicine published by Harvard is a hard left propaganda organ for socialism whenever it strays into social issues. Plus MA is a hotbed of statism. it is 180 degrees away from what it was 231 years ago. In a sense by pushing socialism and statism every chance they get, the "leaders" of MA's biomedical hegemony have brought this on themselves, but it may be what they want.

There is a third alternative to the two you mentioned and that is total socialized medicine. Where physicians are employees of the state, and only those patients who are approved by the state get treated, and only those treatment that meet state approved guidelines are used. This is what liberal politicians want. Not only total finanical power over the serfs, but literally the power of life and death.

55 posted on 12/19/2007 3:25:12 AM PST by from occupied ga (Your most dangerous enemy is your own government, Benito Guilinni a short man in search of a balcony)
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-55 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson