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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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