U.S. President Barack Obama, seeks to reform malpractice law in America, as apart of his Patient Affordable Health Care Act. Obama's goal is to eliminate frivolous lawsuits. However, the danger that exists in this undertaking is labeling legitimate lawsuits frivolous. What shall be the criteria to make that determination. What shall be the standard and litmus test. In short, how will you know. 

There are cases of doctors removing the wrong limb or flat out removing body parts in error. What do you tell that person. Do they not deserve redress in court or do you want them to take one for the team, to accommodate a costly and ineffective health care act. 

There are cases of doctors sexually assaulting patients. What do you recommend they do in the way of justice. Shall they be denied their day in court to accommodate the health care act.  There are cases of doctors drinking and taking drugs on the job, then injuring patients, which constitutes flagrant malpractice. Shall their victims be tossed aside in court, to prop up a faulty heath care act.

Don't get me wrong. There are many wonderful doctors out there. Some are saints, who have helped so many people recover from infirmity and tragedy and deserve every bit of their pay. However, there are bad apples as well.   

The government needs to go to the root of the problem - hospitals and doctors offices - then legally remove improperly trained and lawbreaking personnel. Wheat and weeds should not grow together. 

Blaming the victim is not going to solve the problem of frivolous lawsuits. If the day comes and God willing it won't, that President Obama is very ill and has his rights violated by someone in the medical field, who rendered very poor care to him or abused him in some way, then and only then, is he in a position to truly delegate instructions on this matter, in a well-informed manner. 

As someone that has seen the health care system at its very worse firsthand and read many other legal cases that would bring tears to one's eyes, the President is entering risky legal territory that could trample on patients' rights. 

STORY SOURCE

Obama's talk of medical malpractice reform surprises both sides

January 28, 2011, 8:44 p.m. - His use of the term 'frivolous lawsuits' in his State of the Union address upsets patients' rights advocates. President Obama took both Republicans and normally supportive patients' rights advocates by surprise this week when he voiced support for a national limit on medical malpractice lawsuits.

"I'm willing to look at other ideas to bring down costs" besides repealing his healthcare overhaul, Obama said in his State of the Union address, including "medical malpractice reform to rein in frivolous lawsuits."...

http://www.latimes.com