Doctors who make mistakes must be accountable

LETTERS TO THE EDITOR

August 29, 2011

IF A psychiatrist who supports physicians though malpractice litigation believes that health care professionals are accused of “intentional harm,’’ then the medical profession may have a basic misunderstanding of what is alleged in medical negligence cases (“Doctors can be traumatized by litigation,’’ Letters, Aug. 23). Perhaps the attitude toward victims of medical negligence and the lawyers who represent them is fueled by this misunderstanding.

In the legal context, one is negligent if he or she doesn’t act as a reasonable person would act under the same circumstances. In other words, this means the person made a mistake.

For example, a person driving a car looks down at the radio and hits a car stopped for a red light. The driver is responsible for any damage caused by his or her inattention. In the medical arena, let’s say a doctor injects the wrong drug into a person, and the person has a terrible reaction. Had the doctor been paying attention, this would not have happened. Therefore, as with the motorist, the doctor is responsible for any harm done to the patient. No one is alleging that the doctor intentionally harmed this person.

The doctor should be held accountable for this mistake for two reasons: First, the victim should be compensated for any injuries, and second, if the physician is held accountable, he or she will be more careful in the future.

Physicians, in seeking medical malpractice reform, are asking that they be held to a lower standard of care than a person driving a car.

Kathleen M. O’Donnell
Lowell