Medical Malpractice and how it's handled

Here are a few things I have learned (please correct me if I am wrong): 

Medical malpractice insurance is expensive and costs continue to increase. 

Medical malpractice insurance only covers the medical providers attorney fees. It does NOTHING to protect or pay for damages to the patient. So it only pays to fight having to pay for damages to the victim of malpractice.

"Frivolous" lawsuit are NOT common but they are spoken of and perceived to be both within the medical communities and without. 

Very few people pursue legal action for legitimate medical malpractice and of those who do even less win.

As a victim of medical mistakes you will be vilified for the mistakes made against you. 

Medical providers are regularly making medical decisions about your medical care and even diagnosis based on advice from attorney's who do not have the credentials to be giving medical advice. 

Large medical institutions put into place entire departments, policies and procedures to conceal their malpractice and even illegal acts. They give them names like "risk management" or "Office of Patient Experiences."  

Medical providers will protect their own PERIOD. 

Our systems are NOT fair and we do NOT all have equal access to justice or fair treatment from medical providers.

Attorney's are the biggest bullies and even though they have ethical guidelines they are supposed to follow, NOT following them is so commonplace that it is perceived and enforced that it is entirely acceptable for them to break their rules. 

"Standard of care" is far too subjective.

...There is a lot I have learned to include here but mostly I just wanted to write out how badly medical mistakes are handled and that THIS is what creates malpractice... 

And I want to share the analogy that is forming in my head: 

If a medical provider accidentally cuts off your arm, the pretty and professional box they wrapped your arm in does not negate the fact that they cut off your arm. But, at least here in Utah, that seems to be the standard of care when medical mistakes are made. 

And then, to top it all off, they and their attorneys will say, "See how pretty and professional this box is? See, we didn't do anything wrong. We don't know why the patient took their arm off and they did not disclose to us that their arm was removable before we carefully placed our knife on it with significant force. But even though they didn't disclose that we still put it in this nice pretty box for them. It's not our fault they don't like the box."

And then the panel, their peers, will say, "Their box is very pretty therefore they did not cut off your arm. Furthermore, your telling them that your arm was now missing, trying to figure out what happened to it and then trying to warn others was reason enough to misdiagnose you in the first place and then ostracize you for it." 

Yep. That about summarizes it and what you can expect in a DOPL pre-litigation hearing. And I am sorry to have to report this but the panels decisions literally and in all honesty makes about that much sense. (Really- They literally justified my immediate termination based on contact I had made with a third person over a year and a half after said termination. I know you are going to think you read this wrong or that I am being misleading in some way, but I'm not. You may refer to my previous blog entry for more information about that exact third person contact. It will not be hard to prove in court that this contact was made LONG after termination and was NOT what it was misrepresented to be during the pre-litigation hearing) 

It reminded my husband of a scene from Oh Brother Where Art Thou: "So I borrowed it until I did know."

hmmm, now why did the Utah Supreme Court rule that process as unconstitutional? At least that.