Generally speaking, malpractice liability policies provide coverage for actual, or alleged:

* errors
* omissions
* negligence
* breach of duty
* misleading statements
* similar claims resulting from the performance/non-performance of professional service(s)

Also, most policies cover both the defense costs (i.e., attorney fees, court costs) and settlements, or judgements.

The doctor’s premiums may soar, but the license to practice is retained -- no matter how bad the doctor might actually be. Hell, his/her fees will cover the insurance cost increases -- and while actual intentional wrongdoing is not typically covered, with a little more cabbage up front, it will be handled.

A doctor can even get a “claims-made policy,” or “prior-acts coverage.” Retroactive dates in these policies will usually cover stupid things done in the past. And an “occurrence policy,” or “extended reporting period,” coverage will help the incompetent doctor enjoy his/her retirement years without having to worry about stupid thing he/she might have done over the years.

Well, all that is okay, because we actually want this to happen. Rising medical costs are propagated by both the malpractice insurance policies, and the malpractice laws. With no court limits set against a malpractice suit, how far can a plaintiff go, and how far will a judge allow? Law suits are really nothing more than easy, no-victim, get-rich-quick schemes.

Admittedly, in the case of malpractice, there generally was at least one victim, true, and this victim, or the victim’s family, will need to go to court to seek justice -- often to the fine sums of several $ millions per case.

Well, it’s a toughie. What price should we place on a human life? Earlier on these boards, Bowser opened a thread regarding the value of human life, as set forth by the FAA (around $1 million). While the issue of the smoke hood might be considered a ludicrous argument at best, the set fee to not proceed with the studies and implementation of smoke hoods is not.

This said, I think that once all paid medical expenses have been refunded to the plaintiff/plaintiff’s family, the set price for additional payback to the injured party(ies) should not exceed the already federally mandated amount of $1 million, and this amount listed strictly for a patient’s loss of life during a faulty medical procedure.

This will do 2 things:

* make doctors a little more human
* make medical care a little more affordable

But that’s me,
Dan