MEDICAL ERRORS AND THE LEGAL SYSTEM Elizabeth N. Mulvey Crowe & Mulvey LLP

WHY PATIENTS CALL LAWYERS  Frustration with access to care  Provider was rude or unavailable  Financial obstacles to care  Search for quick buck

WHY PATIENTS CALL LAWYERS  Frustration with access to care  Provider was rude or unavailable  Financial obstacles to care  Search for quick buck These people are public relations and/or societal problems

WHY PATIENTS BECOME CLIENTS  Search for answers  Ability to care for child/family in future  Prevent from happening to others

WHY PATIENTS BECOME CLIENTS  Search for answers  Ability to care for child/family in future  Prevent from happening to others These people are malpractice problems

BENEFITS OF LAWSUITS  Better care by individual physicians  Protocol/guidelines development  Relieve society of cost of care

INDUSTRY MYTHS  Malpractice insurance crisis  Exodus of physicians  No-fault system is solution  Need for confidentiality/secrecy

LEGAL PROTECTION FROM RUNAWAY JURIES  Medical malpractice tribunal  Expert testimony requirement  Statute of limitations/repose  Error in judgment  Peer review privileges  JURIES!

PATIENTS’ NEEDS  Compensation for injuries  Explanations for adverse outcomes  Safer health care systems

PHYSICIANS’ NEEDS  Reasonable compensation for care  Affordable insurance  Ability to acknowledge fallibility  Incentive for improvement

HOW DO WE GET THERE  Honesty is the best policy  Malpractice insurance is a business  BETTER AND SAFER CARE!!!