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>> Absolutely. Remember that, at least in this country, this is all a matter of public record. If the public gets wind that a particular hospital, or department within a hospital, or particular surgeon is making too may mistakes, the hospital suffers.
Maybe I'm not expressing my worries very well...
Imagine a surgeon, who has a higher than normal complication rate. BUT the man is a machine, and churns out twice as many cases as his peers. The hospital is making TONS of money off of him. And, the hospital has to REPORT a complication for it to get into the record. Will they sanction him?
No. I don't think they would have a very intense pressure to do so in a no-blame system. (Of course many still would, because they are run by good people.) In a tort system, though, they will get raped by the courts, so the hospital has a motive to keep an eye on him, run the M&M conferences, and generally try to improve their complication rates. They are aided by the quality-assurance immunity law in which their internal QI investigations are not admissible, so they aren't worried about producing evidence that will be used against them.
I doubt that any system is perfect, actually. Even a no-blame system. That's all I was trying to say.
Personally, I'm divided on the issue. I do live in fear of lawsuits because, as I mentioned, the medical malpractice awards here are getting fantastical. And it is pretty much a lottery in which awards are in no way based upon reality. At least one study has shown that the ONLY factor that is covariant with the size of a malpractice award is how badly hurt the plaintiff is. NOT whether or not there was actually malpractice- just how badly hurt the guy is. Most malpractice here has a statute of limitations of 3 years or so, but for deliveries and neonatal care it is 21 years- so if your kid doesn't get into Harvard you can sue the OBGYN who delivered him for causing "brain damage." As you can imagine, malpractice insurance for OBGYNs has ridiculous premiums. A while ago they were fleeing Washington state because WA tort law had gotten so hostile to them, and most of the state suddenly had no OB services. It was a scandal. Those who stayed used the simple expedient of not purchasing insurance. Thus, when a lawyer tried to sue them and found out that he couldn't get much money out of them, they'd usually drop the (frivolous) suit. There are certainly suits with merit, mind you, but at least 50% are crap, and hospitals will settle just because it is easier and cheaper. (And it is the doctors name that goes into the database- not the hospital's...) Thus, the idea of a no-blame system that works sort of like workers' compensation does hold a certain appeal to me. Some of our states have systems that are slowly mutating in that direction- I think Pennsylvania requires all MDs to contribute to a fund, for example. (maybe?)
Or are we talking about different things? Because I'm talking about malpractice suits. Are you implying that there is no such thing as a malpractice suit in Oz? -That malpractice is covered by the accident subsidy? I don't think you are. I can't imagine a system in which you cannot sue someone for at least a *blatant* screwup, or negligence, or depraved indifference. In which case it isn't really a no-blame system, is it? After all, you mentioned the drunk driving thing...
But maybe I'm wrong. I am, obviously, unfamiliar with New Zealand tort law.
Edited by acrosome on 07/03/2009 09:14:45 MDT.
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