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Oregon has limited protection for the "oops" doctor's making the biggest mistakes

By Steve Lombardi

Oregon tweaked its medical mistake protection legislation increasing the cap and lowering the amount of damage patients have to endure without being able to hold the wrongdoer accountable. Presently the system allowed any wrongdoer (by medical mistake) that caused a the patient over $200,000 to get away free. The new law sets up a tiered system that still allows the worst doctor's to call Oregon a safe haven for clinical practice. Doctor's with the worst techniques like to live in states with caps on damages because it sanctions their mistakes and passes the costs of correcting those mistakes on to the patient.

Doctors who save money on medical mistake insurance have more disposable income for bigger houses, new cars, nicer clothes, vacations, Cuban cigars and a whole host of pleasurable things.

The Oregonian reports,

The legislation calls for a two-tier system. The damages limit for state agencies ranges from $1.5 million to $3 million and increases to $2 million to $4 million after five years. The caps for cities, counties, school boards and other local entities would start at $500,000 per claim and $1 million per incident.

Patient's suffering the worst injuries get to go home and suffer in silence while the rest of us believe we are saving our states from a mass exodus by doctors moving to places like Mexico, Venezuela, China, Russia, Argentina, Iraq, Afghanistan and Iran.

Legislators in Oregon were quoted as saying, 'Doctors living in states without protectionist legislation have been fleeing in droves.' Mexican authorities concerned with doctors crossing the border between the United States and Mexico have begun a discussion about erecting a fence along their northern border. Recent interviews with Mexican border guards have indicated an increase in the number of orthopedic surgeons moving across the border while posing as housekeepers and hotel maids.

Many opponents of the new legislation pointed out that $1.5 to $3m dollars is a lot of money; unless you're performing heart surgery and you're talking about the surgeon's annual pay check. The opponents say it doesn't matter that seriously injured patients suffer life-long injuries that can't be described publicly due in large part to this being a family oriented web site. (Wink-wink, follow the link!) Not to be deterred reformers taking a break from lobbying point out caps are inherently fair, pointing out as evidence that none of them are one of those injured by a medical error.

Doctors and hospitals have lately been concerned that too many lobbyists have been busy lobbying Congress and the White House over how the stimulus money will be spent and have not been available to reshape the reality about health care costs. Medical interests have become alarmed the general public may start asking them to prove claims being made, like the one that malpractice awards are driving the increase in malpractice premiums. So far proponents have successfully derailed any connection between the sub-prime financial crisis and government fiscal responsibility. Campaign finance rules prohibit us from discussing any connection between government backed tort reforms and the cozying up of officials with tort reform lobbyists.

Doctors in Texas, before mistake protection legislation was passed, threatened to move to communist countries like Russia, China, Argentina and Iran where patients who try to sue for malpractice are simply laughed at.

We will continue to provide coverage as it develops; not letting reality get in the way of news. Now, "Back to you Jane."

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on May 19, 2009 (boomark / email).