Medicine and the Law: Something's Got to Give

Throughout the nation, our healthcare system isare clinics in the United States that are turning
struggling under the weight of lawsuits andaway lower income patients, choosing to see only
miscellaneous legal costs. The problem is nota those with money.
simply that of the lawyer, but includes doctors,Keep in mind that the greater the area of
nurses, hospitals, clinics, and the public.specialty and the fields in most demand, the
One strategy for reducing operational costs ishigher legal costs are going to be. For instance,
cutting salaries of doctors and nurses. Newer,doctors and nurses practicing in cardiology,
younger, and less experienced practitioners areneurosurgery, geriatrics, and oncology are in high
being brought on board in many practices, whichdemand, and the demand is growing. A higher
can increase the risk of negative occurrences. Aspatient base means there is more potential for
mishaps and errors increase, more people filethings to go wrong, and thus the greater need for
malpractice lawsuits. This can quickly become ainsurance. Specialists also need big coverage. After
vicious cycle of lowering income, bringing on lessall, when a doctor is performing brain surgery, the
experienced professionals, watching risk increase,risk and results of something going wrong are
and spending more money for protection againstgreater than for a doctor suturing a wound.
malpractice.On top of these factors, some patients simply
With mounting insurance costs and legal fees, welook for ways of taking advantage of the system
also see more experienced doctors retiring wellwithout giving any thought to the impact on
before traditional retirement years. One doctor inothers. If, for example, a person gets an infection
Kansas City, Missouri had been practicing for 25after surgery, a malpractice lawsuit might be filed.
years as an OB/GYN. He loved his work and theIf, upon reviewing the facts, the court deems the
new lives he brought into the world. Aftersurgeon innocent since the patient did not
dedicating his entire career in one direction, hecomplete follow-up care as required, the doctor is
was forced to stop his area of practice due toin the clear. But even though the surgeon did not
high risk, costly insurance, and legal fees. Goinghave to pay damages, significant legal fees were
into general practice, he lasted one year.still paid to go through the lawsuit process.
Disgruntled and frustrated, he bowed out andThese factors and changes directly affect the
retired.type and quality of healthcare the American
High legal costs are contributing to a loss ofpeople receive. Rather than skimp on caring for
control over patient care provision, as well asour people, we need to address ways in which
adding mounds of clerical work, increasing thelegal costs can be brought back under control.
need for more office help. Unfortunately, there