Comments on: MEDICAL MALPRACTICE In the News http://www.thenewyorkmedicalmalpracticelawblog.com/2008/12/medical-malpractice-in-the-news/ An overview of New York medical malpractice, products liability and personal injury law, and the news that affects it Tue, 23 Aug 2011 18:34:11 +0000 hourly 1 http://wordpress.org/?v= By: throckmorton http://www.thenewyorkmedicalmalpracticelawblog.com/2008/12/medical-malpractice-in-the-news/comment-page-1/#comment-64 throckmorton Mon, 08 Dec 2008 19:51:39 +0000 http://www.thenewyorkmedicalmalpracticelawblog.com/?p=49#comment-64 This argument points out the main problem with these panels. They are not allowed to do what they were created for. The purpose of these panels was to investigate the case from the medical side and to determine the standard of care and then to see if it were violated or at least in question. This allowed an opinion of the validity of the case and would discourage "frivolous cases". The problem, as the article points out is that plaintiff's attorneys are spending an extreme amount of time preparing for these panels which comes out of their pocket. Attorneys dislike the panels because they have to spend effort and money to prove that they have a case before the opportunity to seek a settlement based on the "sheer nuisanse factor". I would like to see formal review boards that look over the cases to determine what the standard of care is. Further to have this based on evidence based medicine. That way, there would be no expert witnessess. The board would be the experts. Attorneys could then argue about the law as it should be. This argument points out the main problem with these panels. They are not allowed to do what they were created for. The purpose of these panels was to investigate the case from the medical side and to determine the standard of care and then to see if it were violated or at least in question. This allowed an opinion of the validity of the case and would discourage “frivolous cases”. The problem, as the article points out is that plaintiff’s attorneys are spending an extreme amount of time preparing for these panels which comes out of their pocket.

Attorneys dislike the panels because they have to spend effort and money to prove that they have a case before the opportunity to seek a settlement based on the “sheer nuisanse factor”.

I would like to see formal review boards that look over the cases to determine what the standard of care is. Further to have this based on evidence based medicine. That way, there would be no expert witnessess. The board would be the experts. Attorneys could then argue about the law as it should be.

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