This Week's Discussion: "RES IPSA LOQUITUR" (The thing speaks for itself)

It is noted that the eighth leading cause of death in the USA is "Medical Malpractice." However, only about 10,000 cases are filed every year. Dear patients, there are not enough attorneys out there to handle the tremendous amount of medical malpractice cases. To top off the ugly issue is that since most cases are settled out of court, very few people realize that these cases exist. Therefore they, the cases, are out of sight, out of mind until a "large" monetary judgment is made and then many people cry out, "foul" unless it happened to you, or to a loved one.

Many surgeons, in my opinion, bury their mistakes with the patients! Unless an autopsy is performed the family really does not know what all contributed to a patient's death. Often, by the time a patient or the patient's family realizes that more than the "normal" risks occurred, the clock is running out on the "Statute of limitations" which is about to expire or has expired. It takes a great deal of time to see other surgeons for second opinions and/ or to set up more tests. Not only is it expensive but also very time consuming. Plus attorneys want sure, easy cases. I don't blame them but many surgeons get off the hook and continue to practice because they feel so safe from the arm of the law.

Many states do not require "disclosure" neither of medical nor surgical errors. I was recently told by one individual from Pennsylvania that a new law in Pennsylvania mandates that ALL "NEAR MISSES" be reported to the state! Well, according to this individual, Pennsylvania is receiving over 15,000 reports of "NEAR MISSES" per month! "NEAR MISSES" are not injuries, they are just what the verbiage implies, injuries that nearly happened. Can one imagine how many more "NEAR MISSES" probably were not reported let alone the lack of reporting of accidents i.e. issues which cause severe injury or death or suffering? I used to think "suffering" was over stated and over compensated in regard to medical and surgical errors, until IT happened to me! When one has constant pain and constant issues resulting from their "risk" of surgery, there is not enough money in the world to make up for their suffering and pain or for the need for more surgery and more pain.

I feel "ALL" information should be made "PUBLIC" on a national data bank i.e. as to who, what and where i.e. all documented issues that occurred to a patient. I believe that most issues causing injury and death and suffering to patients are not documented i.e. "No Quality Assurance or No Quality Incident" sheets were filled out. In instances of a surgeon or nurse who has a history of causing patient errors and etc, then I do believe that these people should be prosecuted as criminals. If a person on the street hurt another person on the street, and bodily harm ensued, that perpetrator, if caught, would be charged with assault and battery. No one should automatically be exempt of responsibility after inflicting harm upon another. Ethically, doctors and nurses are bound not only by their state and federal regulations but also by their professional mantra, "FIRST DO NO HARM."

Blessings to you all,
Helen French RN, BSN