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Last Friday's issue of Medical Economics had an enlightening article on tort "reform." Dr. Arnold Wax, a Nevada oncologist, was one of the driving forces behind Nevada's tort "reform" movement, and he continued to support tort "reform" wholeheartedly until the case of Mary. Dr. Wax was treating Mary when it was discovered that a prior pathologist had misdiagnosed Mary's cancer. The pathologist had even admitted his error. Dr. Wax agreed to serve as one of Mary's experts in her case against the pathologist and was appalled at the results of the trial, where the jury found for the defendant doctor. Dr. Wax wrote:
It appeared that the case would be resolved quickly, considering that the defendant freely admitted his error. However, this turned out to be far from true.
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As I'd expected, the jury found the original pathologist negligent. But, to my surprise, Mary wasn't awarded any damages... The jurors reasoned that the pathologist had not acted maliciously, and that if he were found liable for a monetary award, he might leave the state. They were likely influenced by political ads that ran during the state's tort reform ballot campaign, describing physicians who were leaving Nevada because of its malpractice crisis.
I applaud Dr. Wax for coming forward and being willing to admit that he may have made a mistake in his support for reform.
There was also another thing that struck me in Dr. Wax's article. Dr. Wax wrote:
As I'd expected, Mary sued the pathologist who had misread the original biopsy. Soon after, one of her attorneys asked me to serve as an expert witness in the case. As her treating physician, I felt a moral obligation to support Mary's claim.
That is a refreshing attitude. I have always believed that my client's treating physicians and our firm all have the same goal: to help the patient/client. But all too often, it seems like many medical providers see us as adversaries. The providers don't want to cooperate, but want to do the minimum that they're required to do under the law. I think if more treating physicians had Dr. Wax's view, the system would work better for the patients, for us, and for the doctor.
Thanks to Kevin, MD and Eric Turkewitz for the link.
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