US doctors press for malpractice reform . But lawyers and consumer groups say proposals unfair to patients.
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You are the physician. You are licensed to diagnose and treat physical injuries. But, when it comes to treating athletic injuries, the rules seem to change. The patients, often professionals, are trained and expected to "play through pain," and when they cannot, they want an immediate "cure" allowing them to "get back in the game" as soon as possible, which may fly in the face of the ethical issues surrounding proper medical treatment. What then, faced with this dilemma, are the legal and the medical standards for physicians surrounding treatment of sports-related injuries?
Controlled studies, improved epidemiologic and statistical techniques, and an increase in biological information on mechanisms of fetal and neonatal brain injury or maldevelopment have led to a better, although still imperfect, understanding of the cause of developmental disabilities. The role of asphyxia during the birth process is smaller than was once believed. Intrauterine exposure to infection, autoimmune and coagulation disorders, and problems specific to multiple pregnancies are risk factors for cerebral palsy. Electronic fetal monitoring and other observations during birth are unsatisfactory management guides, having enormously high rates of false-positive identification. There is no evidence that caesarean section can prevent cerebral palsy in term infants.
The definition of professional negligence is clearer than is commonly believed. Trials rarely involve lack of informed consent. In fact, the main dispute at a trial usually concerns what really happened. Causation, however, is the prime area of disagreement between the experts. The trial judge and the appeals court are required to set aside a jury verdict that is without proper legal basis, either regarding liability or the amount awarded. The best screen against unjustified lawsuits is a knowledgeable plaintiff's attorney aided by a competent expert review.