While medical malpractice lawsuits are rare, they're expensive and drawn out. Between two and five years can pass by the time a jury decides the outcome. Both patients and doctors will face legal costs.
It's a system one group is aiming to overhaul in Tennessee.
"We worked with an ER doctor who was sued, the process was so long and onerous he said he'd do anything not to be sued again," said Jeff Segal, a North Carolina based former neurosurgeon who is on the board of Patients for Fair Compensation. "I will never forget his statement, he said 'I'll scan patients until they glow if it'll keep me out of a courtroom.'"
Segal said that is the problem with the medical malpractice system as it stands.
Patients for Fair Compensation is a nonprofit group that educates others about defensive medicine, or the sometimes unnecessary scans and tests a doctor will order to protect themselves from a lawsuit. Right now, the group is pursing legislation that'd change the medical malpractice system in six states, including Tennessee.
Right now, a jury decides the outcome of a medical malpractice suit. Segal is advocating for a system that would make a panel of doctors the jury.
"A person would request that their case be investigated," Segal said. "This then gets reviewed by specialists in the same relevant field - so if it's an orthopedic case, it'd be reviewed by three orthopedic surgeons."
Segal said this would mean cases could be resolved in months, not years, and both doctors and patients would save money by avoiding legal fees.
But not everyone is convinced the change would protect patients.
"We don't believe doctors on a panel are going to be aggressive with holding other doctors accountable," said Andy Spears, executive director of Tennessee Citizen Action. "It's just not going to happen."
Spears said the push for a new system is propelled by a different motive.
Tennessee approved caps on damages in malpractice suits in 2011. But recently, a court ruled those caps unconstitutional.
Spears said instead of protecting the caps already in place, groups are pushing to create a brand new system.
"This is an attempt to get around the judiciary process," Spears said. "That is completely unfair to consumers."
Two republican lawmakers are sponsoring medical malpractice legislation. The Tennessee legislature will consider the bill this session.
