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Let there be no doubt but that while physicians recognize the
importance of the legal profession in providing a "safety net"
for the transgressions assailing their patients they see great
inconsistency in the honesty of that process. The lawyers
responsibility to their client is well established. Less well
established is the lawyer's responsibility to the "Ethic of Law."
There exist many circumstances today where
unnecessary and inappropriate litigation drains society of inordinately
great amounts of money by doing some things which really didn’t need to be
done in the first place. The silicone breast implant and pedicle screw
issues serve as shining examples of this. In addition, unnecessary and inappropriate litigation
serve to waste the talents of the "best and the brightest" of
the legal and medical professions in activities not destined to make
the world a better place. Their skills could certainly be employed
for more productive purposes. Part of this waste of resource is the manner in
which information is
processed, recognized as being valid, and thus used.
It needs to be stated that if it were not for the assistance of the legal
community many patients
would have no recourse to insult, injury or misbehavior by health care
professionals. The "cover-up"
phenomenon is just as prevalent in medicine as it is in other endeavors
but in the health care system public disclosure is the means by which we
learn from these experiences. If transgressions do not reach the public
domain they
are likely to be repeated.
Equipped with the deep financial pockets provided by their tobacco
litigation a bevy of "super-lawyers" are now turning their heavy
artillery to focus on fraud in the managed care industry. There is
little question but that the continued progression of outrageous acts
perpetrated on unsuspecting patients by managed care miscreants needs to
be checked. Misleading and deceptive misrepresentation and omissions
directed to medical consumers by managed care appear to be the norm. Even
with scant evidence of "responsible" managed care providers one
wonders if the legal process, as we presently know it, isn't going to lay
waste to the health care system as mega-suits for fraud are pursued. Isn't
there enough adversity in just being ill? Who needs more?
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