Malpractice Methodology2

8/7/2019 Malpractice Methodology2

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Editorial out of the New York Times

Released October 20, 2010

Speech delivered by President Obama Addresses the need for reform of medical

malpractice laws

Will lessen the time spent

Testing procedures Treatments

Rhetor is Peter Orszag

Audience: American Citizens and doctors


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Doctors see a need to implement

evidence-based guidelines to be

followed Limiting punitive damages

Unable to sue

Financial Incentives


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Limited Punitive Damages & CourtProceedings H

ow does the patient make out if somethinghappens? As long as the doctors follow theguidelines court action would not take placeand if so a cap will be put on the amount to bereceived.

Will the doctors be honest if somethinghappens?

Will humans become test subjects?

x Experimentation under guidelines


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Corporate benefits?

How much will the processes be sped up?

What ethics are involved with eliminating tests?Could problems arise from complications being

overlooked?

How will safety for patients be addressed?


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The system that is set in place now,

prolongs treatment due to the

extraneous testing that must be done inorder to assure safety

Based off of Customary Practice - adoctor who has treated a patient the

way most other doctors in the area

would is considered safe from

accusations of malpractice.


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Financial Incentives

Delivering higher quality of care

Better care rather than more care

Why cant they always provide bettercare?

Money as a motivator


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The 2009 health care reform and stimulus

provided financing for effective medical

research. Claim this is only a start


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Prof. James Blumstein of Vanderbilt

University Law School has pointed out,

the Social Security Act amendments of1972 provides immunity from

malpractice liability to doctors who treat

patients in conformity with the standards

set forth by so-called qualityimprovement organizations


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Standards have not been set

Why have standards not been set?

Could this be a path that could be

explored rather than reformingmalpractice laws.


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Too many doctors order unnecessary

tests and treatments only because they

believe it will protect them from alawsuit.

To better align financial incentives fordelivering higher-quality care

Larger investments into research


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An aggressive effort is needed to protect

doctors who follow guidelines

Medical professionals should be givenincentives for better care rather than

more care.

If following the recommended guidelinesfor a specific illness, not held liable


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Characters: President Obama protagonist hero

Congress protagonist hero Doctors - antagonist

Prof. James Blumstein assist antagonist

General Public - protagonist

Setting: June 2009

Speech to the American MedicalAssociation


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Plot: Introduces the lack of attention to medical

malpractice reform. How might doctors provide quicker and

better services to patients? Through the useof malpractice reform. Medical professionalare afraid that if a system isnt followed to

rule out any possible diagnosis then theycould face the possibility of being sued.

There is a need to reform medicalmalpractice statues


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Problem: Doctors are in such fear of being sued or held

responsible for problems that arise that treatments

are often prolonged and testing procedures are verylengthy due to the covering of the tracks scenario.

Resolution: there is a need for recognition of permanent change

Crucial Turning point: Anyone who could demonstrate that he has

followed the recommended course for treating aspecific illness or condition could not be held liable.


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Malpractice Methodology2