Cross posted from The Pop Tort by Amanda
Can we just reflect on this headline for a moment? Nothing to take
away from the important views coming from the New England Journal
of Medicine, which has filed a crucial brief in the U.S. Supreme
Court arguing against immunity for the drug industry. But when was the
last time doctors have been this honest
about the importance of the
civil justice system’s critical “deterrence” function – providing the
financial incentive for companies and professions to act safely. (And,
by the way, this is aside from the fact that doctors have been
incredibly hypocritical when it comes to filing lawsuits themselves.
Before someone starts jumping through hoops trying to find some
way to differentiate drug company misconduct from the medical
malpractice itself, we have another incredible piece from Besty
McCaughey, New York’s former Lt. Governor in tort-reform Governor
George Pataki’s’ administration, arguing that juries are right to hold
hospitals liable for the epidemic of infection there because lawsuits,
and new Medicare rules, provide the incentive for hospitals to fix the
problem! So here’s what she says:
Hospitals being sued are saying that their infection rates are within national norms. But for most infections, the only acceptable rate is zero...
Medicare calls certain device-related bloodstream infections, urinary tract infections and surgical infections after orthopedic and heart surgery "never events." Starting in October, Medicare will stop reimbursing hospitals for treatment of these infections. Hospitals will be barred from billing patients for what Medicare doesn't pay, forcing them to take a loss. Next year Medicare will add other types of infections to the list of "never events."
No wonder Medicare calls these infections "never events." Why should jurors reach a different conclusion in a lawsuit?
We have the knowledge to prevent infections. What has been lacking is the will. A recent survey from the patient-safety organization Leapfrog found that 87% of hospitals fail to consistently practice infection prevention measures. Insurance companies that sell liability coverage to hospitals could change that by offering lower premiums to hospitals that rigorously follow infection-prevention protocols.
To be sure, lawsuits are not the best way to improve patient care. Many verdicts are unjustified, and few truly injured patients find a lawyer to take their case. Still, the coming wave of lawsuits, as well as financial incentives from Medicare and insurers, will fight complacency about hospital hygiene.
Not a perfect ending, but pretty damn close.
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