Possibly one of the biggest scams perpetrated on American Citizen's wronged by the medical community is Med Mal Insurance. Med Mal Insurance appears to be one size fits all. If a Doctor makes a medical "mistake" and the mistake results in death or suffering, the mistake is treated no differently than if a medical worker breaks a law that results in death or suffering. Nor is a distinction made as to whether a law was intentionally broken, or if it was an honest mistake that led to a patient's death or suffering.
The result is all Medical Transgressors are equally protected. Law breakers and intentional ethics violators are treated equally and protected equally with those who make an actual medical mistake. Many victims of medical errors are unable to get justice of any kind since the Med Mal Insurance industry is so large and probably follows the credo of protecting all within their umbrella, irrespective of the intention of the alleged medical transgressor and irrespective of whether or not they broke any laws.
Hmmm, that last part is somewhat interesting, no? the Med Mal insurance industry that protects all equally, irrespective as to whether or not the accused broke a law, and if they broke the law, intentionally or not. Why hasn't this aspect of Medical Malpractice been challenged in court? Can Med Mal actually legally protect those under their auspices that have broken the law? Would we all not be better served if Med Mal insurance was broken up into at least three Med Mal Insurance prongs; Prong number one, It was either not a mistake, or it was an Honest Mistake, Prong Two, Broke the law but did not realize it, Prong Three, broke the law and the law was so obvious there is no justifiable excuse.
What if an attorney attacked the Med Mal Insurance Industry on the grounds that it was protecting lawlessness specifically because Med Mal Insurance is not partitioned? If Med Mal was partitioned, then negotiations could be done if the issue of lawlessness came up. Right now it appears each State's Medical Board has far reaching power that allows the Medical Board to not consider lawlessness, meanwhile law enforcement has ceded authority to the Medical Board in many States, perhaps all States and ignores medically related law violations until notified by the very entities that may very well be reluctant to turn in their own.
The one size fits all Med Mal Insurance has ground medically related mistakes and lawlessness to a halt in the United States. The shock of being told by law enforcement they won't investigate intentional violations of specific laws by medical personnel, or Paramedics refusing to intake any information from the caregiver who made the call for a person too ill or infirm to make the call themselves, is soul sucking at its worst when the victim dies as a direct result of medically related lawlessness and intentional insincerity.
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