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Show Sun Chronicle Thursday, August 28, 1975 costs hurt doctors insurance Increasing (Editor's Note: This is the third of a series of six articles the concerning professional professional (malpractice) insurance for medical Utahs doctors and hospitals liability raises the cost of medical care for all Utahns and could price both new physicians entering practice and older doctors working part-timout of the profession. There has been a dramatic increase in the past few years in the number of medical malpractice lawsuits and in the amounts awarded by the courts in some cases. insurance (malpractice) in Utah. The problem material was prepared by the Medical State Utah whose 1,375 Association practicing physicians make up 99 percent of the nongovernment doctors Utah liability in ) Possible Solutions The increasing cost of e one out of every 23 doctors was sued by a disgruntled patient. So far in 1975, one out of every six doctors is or has been involved in a malpractice suit It is interesting to note, however, that approximately 70 percent of the cases are decided in the doctors Dr. Howard G favor, McQuarrie, president of the Medical State Utah Association, said. Part of the solution has In 1969, only representatives which would hear malpractice complaints before they go to court and render a judgment as to whether or not there is, in fact, a case against the doctor or hospital. A hearing and subsequent judgment by this proposed got to be to find a way to screen medical malpractice cases before they go to court, so we, meaning everyone because we all pay the cost of these cases, can save the cost of defending against the 70 percent where the courts ultimately decide there is no case, he said. The Utah State Medical Association recommends that Utah the Legislature establish a board made up of doctors, lawyers, and public medical malpractice screening panel would in no way hinder anyones right to sue, but it would give plaintiffs and their attorneys a good idea as to whether or the lawyer, the patient, hospital, and the doctor that this be recognized as early as possible. Hopefully, as a result of these hearings, most of that 70 percent of cases which are decided in the doctors favor will never go to court. It also is proposed that these hearing proceedings mm 'I1.'11" pensation is based on a percentage of the amount finally awarded by the court In some medical malpractice make more information cases, it has been as high as available to the court on 50 percent representatives which to base its verdict. Lawyers Another suggestion is to claim that the contingent devise some way of limiting fee is the poor mans key to ie., that or restructuring lawyers the courthouse, cannot contingent fees in medical many people simply for the services to afford pay malpractice suits, according of a lawyer and that a conto Dr. McQuarrie. means tingent fee arrangement is Contingent fee that the lawyers com- - the only way they can obtain legal representation in such instances. and judgments be admissible in any subsequent court proceeding. It is thought that this will save court costs and not it was going to be worth their while to go to court. If there is no case, it is to the everyones advantage acknowledge that Dr. probably is true, (SwkfjSr.i. We McQuarrie said, and we are not pressing for elimination of contingent fees, only that they be limited in some way so that unscrupulous or inexperienced lawyers will be less inclined to Lake a weak or Were tmrMng harder than ever f save $msmme$ nonexistent medical case on the chance that they may get a sympathetic jury, win, and he get a windfall award, said. Besides, there just seems to be something wrong with a malpractice PRICES EFFECTIVE Were as concerned as you are about high food prices! Thafs why we are THRU 9 FAMILY PAK mourn seeking out the very best buys from our suppliers and passing the savings on lawyer BEEF half the Hospital Association are preparing a series of bills for submission to the January Budget Session of the State Legislature which we believe will go a long way in solving OR OVER Ground Bef made fresh several times daily. So fresh you can taste the to you! getting money given to an injured person, he said. The Utah State Medical Association and the Utah the medical professional Dr. liability problem, McQuarrie said. In addition BREASTS GLADLY A Grade a panel limitation on lawyers contingent fees, the legislation also will propose a limit on the ? mount of oney that can be awarded in a medical 3 JD& malpractice case except where the malpractice ACCEPT USD CHUCK UOOD STAMPS UU STEAKS USDA Choice well-bein- ART . WHOLE FRYERS medical-car- e Grade.. A LEAN GR. BEEF VINEGAR ... . WNtaGaUon PEANUT BUTTER STc- CANNED POP TUNA FISH U79 SAUSAGE ROLL 75 89 FISH STICKS - Ia Sigmani ,8 0i. pkg. FLOUR 79 JL jptC yy KINGSFORD charcoal .... CUT BEANS CORN NI8LETS 303 Con . , Croon Giont 2 Ox Can . . 2 Roto do lo PEAS V, Con Ottramx MUSHROOMS .. TOMATO SOUP . . 4 Ox Con Compbolt . IOOx Con . 35 53 35 MV 1 BONDWARElOOCtn.Pkg. PAPER PLATES REFRESHING DEL MONTE gelatine laio 'Si COKE OR TAB CAMELOT 6 . PlJ PITTED OLIVES e ORANGE JUICE lo, LIBBY FAMILY 300 Can Btle. 8 Pak 16 Cz. MAXWELL house r NICE & SOFT TOILET TISSUE So: CATSUP PORK 1.19 75 45 uoX SYRUP & BEANS POPSICLES B H i Sr I Aitiin Sausage, Canadian or Pepperoni .Each ?&- -. Cream O Weber COTTAGE CHEESE ZEE YOGURT X PAPER TOWELS t.Tc DOG FOOD 15 Cloros tSLtAUI TOMATO JUICE cd u, 1 CHEERIOS FRUIT DRINKS . WALNUTS . . . 40i NESTEA INSTANT ICE TEA jo., DILL PICKLES SODA CRACKERS ... HAMBURGER b. v WHEAT 98 98 49 SEEDLESS APPLES GRAPES UTAH CLIP TOP u, 10 $ Bag JONATHAN OR DELICIOUS CABBAGE u, CARROTS BREAD .. .Loaf ERdZEN'FOODSl $ ICE CREAM CT3 99 -COFFEE RICH S 29 HASH BROWNS , 23 BREAD 19 P HUN) do.. Camelot WHITE OR 1 IT cerning doctor negligence (two years), we need to HOT DOG OR 89 XZ 1.39 SHORTENING c".oX: 25 HFRESHBAKERYiP RUSSET 1A Con uoX C3 Eddyi 1.19 Gonrol Mill . 150 PV 100 COOKIES NO. 45 BANQUET MILD CHEESE COKE OR US 1.03 MIRACLE WHIP 3g 39 5 2Miwcr:AStz.60 Bacon ; e 1M i IF- - ADDRESS & STORE HOURS: 3620 Wall Ave. OPEN LABOR DAY 9 a.m. to 5 p.m. from receiving benefits from two different sources such as a doctor and a hospital for the same act of malpractice. The Medical State Association also believes that guarantees of medical results should be limited to those given by the doctor in writing. The fact is that a patient cannot buy a cure from a doctor. All he buys are the doctors best efforts. We also propose that the rules on informed consent be changed to clarify who can give a doctor permission to attempt a treatment and under what conditions. Although Utah presently has one of the most realistic statute of limitations con- ' FRESH EGGS M claimant 4BFRESHDAIR r' Ctn. Pkg. TONYS 16 BABY FOOD 18 7 2" COFFEE Cz. Can CELLO i We also propose limiting the amount that can be taken from the insurer of any one amounts with doctor, awarded over that limit to be taken from a special state fund made up of a surcharge insurance on the doctors premiums. We also propose that the collateral source rule be changed to prevent a 3g honeybee !0' Pkg. Lh bo, u, Sc 35 CHIU 93 delivery system. DEL MONTE Sigmani ToX POTATO CHIPS it u, WIENERS B.rS H resulted in death. We believe this is necessary because it is hard to believe that any injury, regardless of how grievous, is worth some of the awards that have been made in other states. When you start putting a price tag on physical there and mental must be some legal limit or there will be no limit, and that could destroy Americas ar Lb. 12 HEINZ the and screening FRYER to broaden it to include breach of contract or warranty actions and put a more reasonable limit on it as it pertains to minors. Also, we are asking that lawyers no longer be allowed to ask for a specific sum in damages in court. Many times a lawyer will ask for millions of dollars, knowing full well that the case warrants only a few thousand dollars. The problem is that what really is a thousand-dolla- r lawsuit suddenly is announced as a multimillion-dolla- r lawsuit, and the mere mention of the higher figure tends to raise the amount untimately awarded, ac- cording to Dr. McQuarrie. And, one of the major elements to the solution of the entire problem is enacting legislation allowing the medical profession to better police itself, Dr. McQuarrie said. That will be the subject of the next article in this series. |