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Tort Reform Is Key To Health Reform By TIGER JOYCE Though common-sense Americans have repeatedly raised the issue of tort reform while discussing health care legislation with members of Congress during town hall meetings this month, too many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs. These lawmakers and analysts are wrong. A 2006 Harvard School of Public Health study found that four out of every 10 medical malpractice lawsuits filed in America each year were "without merit." Nonetheless, defending against such lawsuits imposes costs on doctors, hospitals and insurers that invariably are passed on to health care consumers. Beyond the obvious costs of litigation, more subtle costs related to the practice of "defensive medicine" are contributing to runaway health care inflation. How much? In a Massachusetts Medical Society survey published last November, 83% of Bay State physicians cited the fear of being sued in their decisions to practice defensive medicine. According to the 900 doctors anonymously surveyed, on average, 18% to 28% of tests, procedures, referrals and consultations and 13% of hospitalizations were ordered to avoid lawsuits. All of this adds at least $1.4 billion to annual health care costs in Massachusetts alone, and national estimates range as high as $200 billion. So, as Mississippi Gov. Haley Barbour asks, "If we are trying to make health care more affordable, how can we leave out tort reform?" Another longer-term concern about leaving tort reform out of comprehensive health care legislation revolves around what is and will remain a growing need for more primary care physicians. President Obama's stated desire to emphasize preventive medicine as a means to lower overall health care costs will, with a growing and aging population, require a greater number of doctors. Yet the Association of American Medical Colleges predicts that the overall shortage of doctors practicing both primary care and high-risk specialties may grow to nearly 125,000 by 2025. Surely medical schools will find it easier to persuade bright young men and women to pursue careers in medicine if the costly threat of medical liability lawsuits is reined in. The experience of states that have enacted tort reforms bears this out. In a recent column appearing in the San Francisco Examiner, Texas Gov. Rick Perry wrote: "Just six years ago, Texas was mired in a health care crisis. Our doctors were leaving the state, or abandoning the profession entirely, because of frivolous lawsuits and the steadily increasing medical malpractice insurance premiums that resulted." But Texas has since joined 24 other states by enacting reforms that include a reasonable limit on non-economic damages for pain and suffering of up to $750,000 per incident. This essential reform does not limit compensatory awards for calculable lost wages and medical expenses, but it does balance the interests of patients and care providers while helping to ensure access to necessary care. Now, according to Gov. Perry, doctors' insurance rates have declined by an average of 27% while the "number of doctors applying to practice medicine in Texas has skyrocketed by 57%. In . . . just the first five years after reforms passed, 14,498 doctors either returned to practice in Texas or began practicing here for the first time." Clearly then, President Obama should reconsider his recently stated opposition to limiting non-economic damages in medical liability litigation. The president and Congress should also consider additional liability reforms, such as medical courts, administrative compensation programs, "early offers" and "safe harbors" for physicians who practice in compliance with evidenced-based clinical guidelines. If comprehensive health care reforms are to succeed, they must include liability reform. Certainly real victims of negligence must be fairly compensated, but public policy must discourage litigation that abuses our civil justice system and makes health care less accessible and more expensive. http://www.ibdeditorials.com/IBDArticles.aspx?id=336004677519666
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But.... if they attack a big part of the real problem, how will they convince people that the Gov't needs to step in and do things for them?
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Plaintiff's lawyers are one of the most powerful lobbies in Washington, and have successfully blocked any attempts towards tort reform. They are actively "lobbying" Democrats to keep it (tort reform) out of any prospective healthcare reform bill. http://www.opensecrets.org/orgs/summary.php?id=D000000065True healthcare reform will never happen unless frivolous medical malpractice lawsuits and ridiculously inflated punitive damages are eliminated.
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Agreed. Unless ALL the players that have contributed to the mess we're currently in have some skin in the game, this issue will never get resolved. Unfortunately, the ambulance-chasers have always been a big player when it comes to influencing Democratic policy-making, so I hold out very little hope that we'll see tort reform of any kind as part of this healthcare plan.
[color:"white"]"Never argue with a fool, onlookers may not be able to tell the difference."
-- Mark Twain [/color]
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But then we will have several million out of work lawyers. 
We don't have to agree with each other, to respect each others opinion.
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True healthcare reform will never happen unless frivolous medical malpractice lawsuits and ridiculously inflated punitive damages are eliminated.
OK,, I"ll bite,, Who is going to make the final determination about what is frivolous and what isn't? While we are at it, who's gonna decide how much a leg, arm or life is worth when determining these "ridiculously inflated punitive damages " you speak of?
I don't know for sure, but I would think that the Legal profession doesn't want tort reform.. Don't think it matters much if they are Republican or Democrat, for or against health reform. They love the money they make when they win.. who wouldn't.
As much as I understand and agree that tort reform needs to be looked at, when I personalize it and ask how much is, say, my wifes life worth if she goes under the knife for what's supposed to be a simple surgery and ends up dead...
When I look at it in terms of a personal loss, I'm pretty sure I want to take them for all they are worth... at least that's my initial reaction.. I'd calm down later...
#GMSTRONG
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who's gonna decide how much a leg, arm or life is worth when determining these "ridiculously inflated punitive damages "
We, The People.
States have already enacted tort reforms and have made these decisions, we'll just follow the leads and precedents that We have already set.
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Let's see. People want perfect and comprehensive healthcare for free or for real, real cheap. Got it!  Healthcare providers are humans not robots. Some are good, some are bad, and all are capable of making mistakes. People have to realize the inherent risk. I'm not saying that someone committing gross malpractice shouldn't pay, but the way things are set up now for a large portion of this country is way out of whack. People who want to take others "for all they are worth" have caused this fiasco.
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who's gonna decide how much a leg, arm or life is worth when determining these "ridiculously inflated punitive damages " you speak of?
I don't have a perfect answer for that but I can tell you who should NOT be determining it... and that's 12 highly emotional citizens in a jury who already think doctors and insurance companies make WAY too much money and are only out to get the little guy...
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when I personalize it and ask how much is, say, my wifes life worth if she goes under the knife for what's supposed to be a simple surgery and ends up dead...
Well there are a lot of variables to your scenario but let me ask you this... how much would it take to make you feel better? how much would it take to make you feel like the doctor was adequately punished?
yebat' Putin
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A malpractice suit that names the doctor who referred the plaintiff to the negligent doctor is frivolous. Suing the doctor who stitched your face shut after a car accident because you have scarring is frivolous. Suing the doctor for not prescribing tests based on symptoms you either didn't report or understated is frivolous.
As far as capping punitive damages, most states are considering a cap at $250,000, since, as you said, there really is no value that can be placed on things like loss of life, limb, ability to work, etc, in terms of the emotional suffering it causes in victims and families. I see no reason there can't be some standard for what is usual, customary, and reasonable. The actual loss of income and other retrievable funds would still be covered in the compensatory damages. But it is the exhorbitant punitive charges being awarded by juries, who apparently take great pleasure in sticking it to the man, that are driving up health care providers fees - along with all of our medical bills and insurance premiums
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Let's see. People want perfect and comprehensive healthcare for free or for real, real cheap. Got it!
Healthcare providers are humans not robots. Some are good, some are bad, and all are capable of making mistakes. People have to realize the inherent risk. I'm not saying that someone committing gross malpractice shouldn't pay, but the way things are set up now for a large portion of this country is way out of whack.
People who want to take others "for all they are worth" have caused this fiasco.
I agree. There has to be some sensibility in the process. As it stands doctors pay huge sums for insurance. To be sued doesn't require malpractice...it can be a case of picking a correct but wrong option.
Medicine isn't fool proof and much of it is little more than trial and error.....you make your best choice based on symptoms...doesn't work....you go to the next...it is like peeling a onion..there are several layers involved and you can't always get right to the cause.
No doubt gross malpractice will still be dealt with in a severe manner, but we have to get rid of all of this hitting the jackpot mentality some people have....and generally, I am against tort reform as a blanket statement.
For those who blame the lawyers...it isn't them. It is the people looking to sue for every possible way to hit the jackpot. No doubt doctors make mistakes. It is also a case of them dealing with very sick people and families who have a hard time understand that sometimes sick people die.
If everybody had like minds, we would never learn. GM Strong ![[Linked Image]](http://www.dawgtalkers.net/uploads/small-gator-chomp.gif)
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As much as I understand and agree that tort reform needs to be looked at, when I personalize it and ask how much is, say, my wifes life worth if she goes under the knife for what's supposed to be a simple surgery and ends up dead...
Don't we sign something when we have surgery that pretty much covers the doctors ass if something goes wrong?
#gmstrong #gmlapdance
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We, The People.
States have already enacted tort reforms and have made these decisions, we'll just follow the leads and precedents that We have already set.
We the People,, does that mean laws to determine the dollar amounts? Can't see how "we the people" can plan for every contingency. I'll ask again, what is a leg or arm or life worth.. how do "we the people"determine that?
Purp, I'm not trying to be difficult,, I really don't know the answers...
these states that have tort reform, how did they determine the values of life or limb? and how did they determine what is frivolous and what isn't? do you know?
#GMSTRONG
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For those who blame the lawyers...it isn't them.
It is them (well some of them) ... they are the ones enabling it. This is why "legal ethics" is an oxy-moron.
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It is the people looking to sue for every possible way to hit the jackpot.
It's them too ... plus the idotic juries that allow these people to win these cases. Also, who determines the punitive damage amount? Is it the judge or the jury? They are probably the biggest to blame.
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No doubt doctors make mistakes. It is also a case of them dealing with very sick people and families who have a hard time understand that sometimes sick people die.
Exactly. And also not every solution is 100% fool-proof. There should probably be some guidelines as to what is "mal-practice" and what isn't ... only if that line is crossed, is a mal-practice suit allowed.
I've also always believed there should be a "potential punishment" for frivlous lawsuits. For both the lawyer and the plaintiff. If something is determined to be a money grabbing attempt, make the plaintiff pay for the defendant's costs, bar them from filing a lawsuit for a set amount of time, suspend the laywer from practicing law for a few months. SOMETHING need to be in place as a deterant from filling frivilous claims. Right now, it is akin to buying a fairly cheap lottery ticket and hoping you strike it rich. When you hear about cases where one person has filed over 50 lawsuits, and most of them have been tossed out ... something is wrong. That's a lot of wasted defense fees that's getting tacked on to insurance costs, not to mention wasted tax dollars for the legal filings, etc.
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Quote:
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We, The People.
States have already enacted tort reforms and have made these decisions, we'll just follow the leads and precedents that We have already set.
We the People,, does that mean laws to determine the dollar amounts? Can't see how "we the people" can plan for every contingency. I'll ask again, what is a leg or arm or life worth.. how do "we the people"determine that?
Purp, I'm not trying to be difficult,, I really don't know the answers...
these states that have tort reform, how did they determine the values of life or limb? and how did they determine what is frivolous and what isn't? do you know?
Who cares how they determined it? They have and it is working. Like I said, take them as a starting point - follow the precedents set instead of some big ass committe to reinvent the wheel.
Hey, you want an oversimplified version?
The Service Death Benefit to the next of kin for a combat related death is $10,000. Start there and move downward in whichever arbitrary manner you decide for limbs. Service members get $0 for limbs though, so move arbitrarily down in very large increments. Want more than $10,000 for the death of a loved one? Fine, prove to a jury that your loved one's life is worth more than that of a fallen soldier/sailor/marine.
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Let's see. People want perfect and comprehensive healthcare for free or for real, real cheap. Got it!
I can't speak for everyone, but I'm more than willing to pay my way.., I prove it every month..
But when I hear that my premiums are going up, then I hear that my insurance company produced a whopping 42% PROFIT increase over last year, I begin to wonder,, why the increase?
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I'm not saying that someone committing gross malpractice shouldn't pay, but the way things are set up now for a large portion of this country is way out of whack.
That's a blanket statement that carries no specific weight.. what does "out of whack" mean to you? Does it mean the same to your neighbor? Your co-worker?
What I'm asking is, who do you know that is both bright enough and open minded enough to make that determination?
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People who want to take others "for all they are worth" have caused this fiasco.
I'm gonna agree with that to a certain point.. but ask yourself this Jules, if it's YOUR loved one whose death you suspect was caused by an error, obvious or otherwise, what is thier life worth..
Not ever having been involved in such a case, I can't possiblly know this from personal experience, but I'd guess that part of the problem is ambulance chasing lawyers and unsophisicated clients that can be manupulated..
I get the sense of it that you won't find reputable lawyers taking nutty cases on.. you will find the bottom feeders taking anything on in hopes of making a deal to make the problem go away. (That's my impression, I can't back it up).
So maybe it starts with the legal profession..
I believe the United Kingdom has the right idea.. I think I have this right..
In the UK, if you sue someone and your proven wrong or you lose the case, you must pay court costs and legal fees for the party you sued..
What that does, if I have this right, is that it stops people from sueing unless they almost certanly have a winning case.
Again, not sure how that's determined, but it's interesting.. Something to discuss at least..
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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A malpractice suit that names the doctor who referred the plaintiff to the negligent doctor is frivolous.
Sounds like it,, but what are the circumstances.. can you think of any way that that circumstance could be considered non frivolous? I can...
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Suing the doctor who stitched your face shut after a car accident because you have scarring is frivolous.
maybe,, maybe not. the point is, who makes that call.. I can see at least one example of that not being frivolous...
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Suing the doctor for not prescribing tests based on symptoms you either didn't report or understated is frivolous.
Yup,, if you the patient made the error, I can't see how the Doc can be held responsible.. That makes total sense.
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since, as you said, there really is no value that can be placed on things like loss of life, limb, ability to work, etc, in terms of the emotional suffering it causes in victims and families.
I never said that,, what I asked was, who is going to determine the values of life and limb. and you can add in the emotional suffering as well.
I'll ask you the same thing,, what it if was your wife, or child.. what's it worth.. TO YOU
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But it is the exhorbitant punitive charges being awarded by juries, who apparently take great pleasure in sticking it to the man, that are driving up health care providers fees - along with all of our medical bills and insurance premiums
Again, I'll ask, who determines what is and isn't exhorbitant.. and while we are at it, I gotta say this, how is it that insurance companies like UHG, Aetna, BCBS, Medical Mutual and many others have posted double digit profit increases and continue to increase premiums.
And that's without tort reform.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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if it's YOUR loved one whose death you suspect was caused by an error, obvious or otherwise, what is thier life worth..
I feel my Father died due to hospital error. I could have pursued it, but I didn't want to be one of those sue happy people out for a quick buck. The money, if any were awarded, wouldn't bring him back. Most people sue to get rich quick...and we all know that. It's all about the money. Is a persons life really worth a cash payout? Really?
#gmstrong #gmlapdance
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I don't have a perfect answer for that but I can tell you who should NOT be determining it... and that's 12 highly emotional citizens in a jury who already think doctors and insurance companies make WAY too much money and are only out to get the little guy...
Well Hell, when you put it like that, I wouldn't want them deciding either.. 
But they aren't supposed to be emotional citizens, they are supposed to be unbiased and not emotionally invested.. I know,, I know,, don't say it,, LOL
Let me ask you,, if you don't want the jury to decide, would you rather a bunch of guys, sitting in washington or (insert state capital here), some of whom are taking campaign contributions from the insurance industry (and got knows what else they get under the table from them).
I think they have proven they aren't exactly capable of unemotional decision making...,,
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Well there are a lot of variables to your scenario but let me ask you this... how much would it take to make you feel better? how much would it take to make you feel like the doctor was adequately punished?
There isn't a number I can arrive at. I don't even know where to begin to come up with one.
I'm wondering how anyone can.. I just don't want bureacrats doing it anymore they you want a jury doing it.
There is however the hope that my actions would stop them from ever making that mistake again.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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No, but the pain is more easily relieved with a couple dozen bottle of Dom in the VIP section of a Vegas nite club.
We don't have to agree with each other, to respect each others opinion.
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Who cares how they determined it?
I do.. and I'm pretty sure I'm not alone..
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They have and it is working.
It is? are you sure?
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Hey, you want an oversimplified version?
No, I want a fair version... and a fair method of determining what is frivolous and what isn't.. And I don't want insurance backed politicians deciding it.
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The Service Death Benefit to the next of kin for a combat related death is $10,000.
I'm pretty surprised that you would consider the death of a soldier in times of war to a potential malpractice situation..
Go to have a leg amputated and wake to find they took the wrong leg...
Death in war is one thing... One doesn't equate to the other.
#GMSTRONG
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Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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The payment should be figured based on the persons earnings + inflation til retirement, +50%.
The average American makes like between 2-3 million in a lifetime. So these 100 million dollar lawsuits are ridiculous.
We don't have to agree with each other, to respect each others opinion.
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First off, let me say I'm sorry for your loss.. Lost my dad to cancer in 1983. I know the pain.. Quote:
I could have pursued it, but I didn't want to be one of those sue happy people out for a quick buck.
I can appriciate you not wanting to be a "sue happy" person.
But in your effort to be a good human and a good person, the doctor potentially got away with it and you let him.. Look, I understand that no amount of money brings the loved one back, or returns a limb etc etc,.
but the other side of the coin is this, if the doctor, hospital etc was negligent and you don't do something, then you have missed the oppertuntity to stop them from doing it again to someone elses father.
Again, sorry for your loss...
#GMSTRONG
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Daniel Patrick Moynahan
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LOL, my suing them wouldn't teach them any lessons. I've been told on several occasions that what happened to him is "normal" given the situation. I'm still pissed about how it happened, and I don't believe it should be "normal", but me suing would do ZERO good for someone elses Father. Guilt won't make me sue, either.
#gmstrong #gmlapdance
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The average American makes like between 2-3 million in a lifetime. So these 100 million dollar lawsuits are ridiculous.
Oh yeah, that is nuts.
#GMSTRONG
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Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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LOL, my suing them wouldn't teach them any lessons.
I don't know the circumtances of your fathers passing.. so maybe in your case, it would have no value, especially if the likelyhood of it happening again is remote.
But that's not the situation in EVERY case. So NOT SUEING isn't always the right answer either. But it clearly was for you.. good for you..
and I'm not trying to guilt you into anything.... really, I'm not..
#GMSTRONG
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I know every situation isn't the same...if they amputate the wrong limb, or take the wrong kidney, they're toast.
In my Father's case, maybe I shouldn't have used the word "normal". Perhaps "common" is a better word. It's a common issue with stroke patients to aspirate and develop pneumonia and they die very often from it. That's all fine and dandy, but it WAS preventable had someone done their job correctly.
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No, you wanted fair... Wrongful Death is Wrongful Death, isn't it? I know one thing: Dead is Dead. There is no greater equality than that. Are you saying that your loved one dying getting a tummy tuck is somehow worse and more deserving of cash for you than a soldier dying defending our nation? You know going into both knowing that death is a distinct, but remote, possibility -- you sign paperwork to that effect when going under for surgery and you certainly know it going into the service. Dead is Dead. Quote:
Go to have a leg amputated and wake to find they took the wrong leg...
Sounds like somebody is getting a free prosthetic!
As for your fretting over what is frivolous and what isn't.... if you are expecting that to be spelled out in complete detail on a message board, I think that perhaps your expectations are just a tad , scratch that, completely out of whack.
You cannot deny that frivolous lawsuits are a MAJOR problem and you cannot argue that something needs to be done.
Furthermore, while you want to argue details that cannot possibly be satisfactorily covered here, it remains nearly indisputable that many, many awards handed out are so far over the top that it is nearly incomprehensible.
Did you know that a jury awarded a single woman, who was a smoker and died of lung cancer, $28 Billion?
Of course, Philip Morris scoffed and has kept it in courts and got it reduced to $28 Million, and now finally $13.8 Million to be paid to her daughter.... but, can you seriously tell me that any of those amounts are truly justifiable?
All of those numbers are just assinine.
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Not to mention how many cases are settled out of court for millions to save the money spent fighting it. Because in some cases it's cheaper to just pay up front than drag it out for years and racking up lawyer and court costs.
Last edited by FloridaFan; 08/26/09 03:23 PM.
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For those who blame the lawyers...it isn't them. It is the people looking to sue for every possible way to hit the jackpot.
I would say it is partially them... all lawyers are different but I can tell you that if I felt like I was injured due to negligence, I would have NO IDEA how much to sue for, I would rely completely on the advice of my counsel..... So the lawyer is in a tough spot, on one hand people are whining about the amount of the lawsuits (and justifiably so), on the other hand, his immediate job is to serve my interest, not protect the company/person that injured me. It's his JOB to go after all that he can get essentially... So maybe it isn't the individual lawyers but it is sort of how the system is set up.
yebat' Putin
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Let me ask you,, if you don't want the jury to decide, would you rather a bunch of guys, sitting in washington or (insert state capital here), some of whom are taking campaign contributions from the insurance industry (and got knows what else they get under the table from them).
I think they have proven they aren't exactly capable of unemotional decision making...,,
. I just don't want bureacrats doing it anymore they you want a jury doing it.
Now, take those exact same thoughts and relate them to this national health care program......do YOU want bureaucrats sitting in DC making the decisions for you?
I find it ironic that you don't want washington to decide on lawsuits, but you are fine with them deciding on health care.
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Are you saying that your loved one dying getting a tummy tuck is somehow worse and more deserving of cash for you than a soldier dying defending our nation?
No, you brought it up so I thought that's what you were doing..
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you sign paperwork to that effect when going under for surgery and you certainly know it going into the service. Dead is Dead.
You sign paperwork when going under the knife,, no question about it,, you do. But if a preventable mistake is made, like they go in for one kidney and remove the wrong one,, the net effect could be devastating.
Take me for instance, in 2000, I had kidney cancer... But I was one of the really really lucky ones.. the cancer was contained within the kidney and once removed, I was all set.
What if they would have taken out the wrong one.. Holy smokes, I'd have been left with one cancerous kidney.
by the way, the doc said that I got that kidney out in the nic of time.. another couple of weeks and it could have spread and that could have spelled the end.
I didn't sign any paperwork that would allow them to make that mistake and get away with it..
And again, quit equating this to death from war.. we are talking about two different things here and they just don't equate.
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As for your fretting over what is frivolous and what isn't.... if you are expecting that to be spelled out in complete detail on a message board, I think that perhaps your expectations are just a tad , scratch that, completely out of whack.
Wait,, you can say something, not have to back it up and i'm supposed to accept it? Come on Purp,, you wouldn't...
You said that it works in certain states,, I asked, are you sure..
Tell you what, just tell me the states that have put through tort reform and I'll do the rest..
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You cannot deny that frivolous lawsuits are a MAJOR problem and you cannot argue that something needs to be done.
I wouldn't try to deny it,, someone else put up a post that gave an example,, 100 million for wrongful death.. come on.. that's nuts..
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Furthermore, while you want to argue details that cannot possibly be satisfactorily covered here, it remains nearly indisputable that many, many awards handed out are so far over the top that it is nearly incomprehensible.
Oh Come on.., I don't care to argue at all, I asked questions,,, go back and read what I asked..
As for it being indisputable, probably is.
I can't imagine me getting 100 million for them taking the wrong kidney (it didn't happen but could have)
Would I want that surgeons head on a platter,, Hell yeah I would.. wouldn't you.. But 100 million,, I wouldn't even ask for it..
But if I died as a result of thier mistake, my wife would be without my income for the rest of my expected life.. That should be a given.. Take my income (net), allow for some reasonable increase per year, times the number of years of life expectancy, adjust for inflation, and there you have a number to work from.
An example might be, If a guy makes 100k a year, Net 70k with a life expectancy of 20 years, it's easy,, 1.4 million before adjusting for inflation and minimal increases over 20 years.. maybe the number is 1.8 million... Tack on the lawyers fees and maybe the award is 2.8 million..
Maybe tack on something for the emotional angle,,, another million or 2 and there you have it,, 5 million or there abouts..
Won't bring the person back, but will make the life of those he leaves behind whole.
And it's not a nutty 100 Million..
Oh yeah, I'm on the tort reform bandwagon, but not without some reservations as to who determines what is and what isn't fair...
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Here's a good example of when to sue: Hmmmm Man collapses with ruptured appendix... three weeks after NHS doctors 'took it out' By Daniel Bates Last updated at 12:15 AM on 26th August 2009 After weeks of excruciating pain, Mark Wattson was understandably relieved to have his appendix taken out. Doctors told him the operation was a success and he was sent home. But only a month later the 35-year-old collapsed in agony and had to be taken back to Great Western Hospital in Swindon by ambulance. To his shock, surgeons from the same team told him that not only was his appendix still inside him, but it had ruptured - a potentially fatal complication. In a second operation it was finally removed, leaving Mr Wattson fearing another organ might have been taken out during the first procedure. The blunder has left Mr Wattson jobless, as bosses at the shop where he worked did not believe his story and sacked him. Mr Wattson told of the moment he realised there had been a serious mistake. 'I was lying on a stretcher in terrible pain and a doctor came up to me and said that my appendix had burst,' he said. 'I couldn't believe what I was hearing. I told these people I had my appendix out just four weeks earlier but there it was on the scanner screen for all to see. 'I thought, "What the hell did they slice me open for in the first place?" 'I feel that if the surgery had been done correctly in the first place I wouldn't be in the mess I am today. I'm disgusted by the whole experience.' Mr Wattson first went under the knife on July 7 after experiencing severe abdominal pain for several weeks. He was discharged but exactly a month later he had to dial 999 after collapsing in agony. Mr Wattson was readmitted to the Great Western Hospital in Swindon after his appendix ruptured Following the second operation his incision became infected and he was admitted to hospital for a third time for treatment. He said: 'I had a temporary job at a sports shop but when I took in two medical certificates saying I had my appendix out twice they didn't believe me. 'Now I'm helpless. I can't go out and find a job, I can't go to interviews, I can barely walk and am in constant pain. Before the first operation they told me I had to have my appendix removed and when I woke up afterwards they said it had been a complete success. 'But then I keeled over in agony one month later and when they did some tests at the hospital we could see the appendix was still there on the scans. 'As far as I was aware they took my appendix out and no one told me any different. 'I have no idea what they did take out, but I want to find out what went wrong.' A spokesman for Great Western Hospital confirmed that a representative had met Mr Wattson and that an investigation had been started. He was unable to confirm what, if anything, was removed in the first operation. Paul Gearing, deputy general manager for general surgery at Great Western Hospital NHS Trust, said: 'We are unable to comment on individual cases. 'However, we would like to apologise if Mr Wattson felt dissatisfied with the care he received at Great Western Hospital.' Compensation payments to NHS patients have risen by 20 per cent in the past year to a record high of £769million. At this rate more than £2million a day is being paid over claims against the Health Service.
#gmstrong #gmlapdance
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The funny thing is, I DO want lawmakers to to come to a decision on this, and I'm Ok with them doing the same on Health Care - just not the Health Care that they are proposing.
The difference? The Gov't won't be proposing that we replace the ambulance chasers with a Gov't run "Ambulance Chasing For a Free America" program that grows the size of the gov't and its role in our lives.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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after NHS doctors 'took it out'
But, I thought universal healthcare was so much better. 
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oh Hell Michelle, this guy obviously had a case against the doctors and the hospital, but also against his former employer for wrongful termination.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Legend
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But, I thought universal healthcare was so much better.
Ha, of course nothing like this EVER happens in the USA does it 
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Joined: Sep 2006
Posts: 30,825
Legend
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Let me ask you,, if you don't want the jury to decide, would you rather a bunch of guys, sitting in washington or (insert state capital here), some of whom are taking campaign contributions from the insurance industry (and got knows what else they get under the table from them).
I think they have proven they aren't exactly capable of unemotional decision making...,,
. I just don't want bureacrats doing it anymore they you want a jury doing it.
Now, take those exact same thoughts and relate them to this national health care program......do YOU want bureaucrats sitting in DC making the decisions for you?
I find it ironic that you don't want washington to decide on lawsuits, but you are fine with them deciding on health care.
Any comment? You don't want washington to have the final decision on lawsuits, but you do feel comfortable letting them run health care?
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All Pro
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Here's a pretty simple solution to your question of what a life or leg is worth. The amount you are carrying in insurance for accidental death or dismemberment.
Go Irish!
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Legend
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Legend
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Any comment? You don't want washington to have the final decision on lawsuits, but you do feel comfortable letting them run health care?
Yeah, I have a comment...
NONSENSE.. Nothing in the various articles I've read actually leads anyone to anything concrete in any bill being bantered about that says that anyone in washington will have any control over my healthcare..
it's actually getting stupid.. and it comes down to interpretation. nothing to do with fact.. Nothing..
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Forums DawgTalk Tailgate Forum Tort Reform Is Key To Health
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