Consumer Law

Huff Post Repost: Peter Orszag's Truly Bad Medical Malpractice Prescription

By Joe Consumer

Today's New York Times carries a column by recently-resigned budget director Peter Orszag, which begins with Orszag complaining that the health insurance reform bill did not do enough to federally "reform" state medical malpractice laws. He argues that Congress should "shield from malpractice liability any doctors who followed evidence-based guidelines in treating their patients" and "provide safe harbor for doctors who follow evidence-based guidelines." He says, "[A]nyone who could demonstrate that he has followed the recommended course for treating a specific illness or condition could not be held liable."

This is a horrendous idea.

Clinical practice guidelines should never be the legal basis for determining whether or not patient harm was the result of negligence. And allowing use of guidelines only by a physician or facility to defend itself against a medical malpractice claim and not by an injured patient to show negligence is without any justification and is fundamentally unfair.

Keep reading.

Full post as published by ThePopTort on October 21, 2010 (boomark / email).