The Wall Street Journal-20080111-A Tort Review Board Could Eliminate Fraud
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A Tort Review Board Could Eliminate Fraud
Lester Brickman alleges ("DOJ's Free Pass For Tort Fraud," op-ed, Dec. 26) that incompetence in the Justice Department has given doctors and lawyers a free pass to commit mass tort fraud. It is my view that tort fraud continues primarily because the medical profession has made no effort to play an active role in monitoring the practice of bad medicine or the manufacturing of diagnoses for money.
To take an active role in tort reform, a Tort Review Board should be created that is composed of physicians from all disciplines of medical practice as members. This board would evaluate medical liability cases and provide its opinion of the physician's care. If the evidence indicates the physician was negligent, it would be so stated. If the physician is not guilty of malpractice, that should also be stated. This board would also provide an opinion, based on scientific evidence, on whether drugs or materials used to treat patients are causing harm. For too long, we doctors have allowed pseudo-science to be used in courtrooms.
The findings of the physicians' Tort Review Board would be made available to judges, juries, defense and plaintiff lawyers. Such a body could solve many problems, including policing the quality of medical practice, the removal of incompetent physicians, the reduction of worthless suits, and the elimination of manufacturing of diagnoses for money. The time is past due for the medical profession to play an important and active role in preventing tort fraud.
Jay L. Ankeney, M.D.
Professor Emeritus of Surgery
Case Western Reserve
School of Medicine
Cleveland
