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Malpractice News
Medical Malpractice Reform Legislation Fails In Senate
Senator Dole Says Vote Denies Women Access to Quality Healthcare
February 24th, 2004 - Washington, D.C. - Senator Elizabeth Dole voiced her strong support of the Healthy Mothers and Healthy Babies Access to Care Act, urging her Senate colleagues to send the bill to a vote. Unfortunately, Senate Democrats are filibustering the legislation and therefore blocking a final vote.
“North Carolina doctors are being hit hard, particularly our OB-GYNs who face constantly rising, astronomical premiums just to stay in business,” said Dole. “Many of our OB-GYNs have been forced to move or quit their practices, leaving women in our state with access to fewer and fewer physicians. This is unacceptable.”
Today Senator Dole spoke at a Senate press conference at the Capitol on the bill and was joined by Dr. John Schmitt, an OB-GYN who had to leave his practice in Raleigh after seeing his insurance premiums triple from $17,000 to $46,000 a year. Throughout her 2002 campaign, Senator Dole spoke about the need for medical liability reform and referred to Dr. Schmitt as one of many doctors forced to leave their North Carolina practices. Dr. Schmitt currently is on the medical school faculty at the University of Virginia.
The Healthy Mothers and Healthy Babies Access to Care Act (S.2061) ensures that patients receive full and unlimited compensation for economic damages. The bill reforms non-economic damages so that patients receive fair, but not excessive, compensation.
Medical Misdiagnosis is a serious risk every time you go to the hospital.
There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.
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Definition:
Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care.
Medical lien
Definition:
The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.
Tort Liability
Definition:
The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
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