THE BROKEN HEALTHCARE LIABILITY SYSTEM
The victims of healthcare negligence cannot get justice in the present system.
The victims of healthcare negligence are denied rights to justice that victims of other negligence and product failure have always had.
Healthcare negligence kills over 100,000 and seriously injures many more every year.
Every American that enters a hospital is at far greater risk for serious injury and death due to healthcare negligence than from terrorist attack or crime.
Healthcare providers have little risk of having to compensate the victims of their negligence.
The American way has always been to place the burden of compensating victims of negligence on the negligent party because the negligent party is always in the best position to guard against its negligence and to protect the innocent.
In the healthcare arena, the victims are paying good money to the healthcare provider to diagnose and treat, where on the streets the car crash victim is not paying all the drivers on the road money to be safe and not hurt them.
The first principle and cardinal maxim of medicine is “PRIMIN NON NOCERE” (First Do No Harm).
When the healthcare provider who is paid to first do no harm negligently causes significant harm or death – why should such healthcare provider have special privileges to protect them and allow them to escape responsibility for the harm they cause?
When hospitals give surgical privileges to surgeons who are known to be incompetent or who are impaired due to substance abuse, why do such hospitals have not duty to the patients who are harmed by such a surgeon in the hospital.
Why do hospitals and healthcare providers have peer review and committee privileges to hide evidence and the truth, when no other facet of society has such privileges.
Why is the data in the National Practitioner Data Bank sealed and hidden from the public.
Why cannot the public learn whether their physician has been sanctioned, has lost hospital privileges, or about malpractice claims history.Hospitals and Insurance companies can but you cannot.