Ripping off the Health Care System!
Headline: Hospital to pay $1.700,000 over Tuberculosis Class Action.
Here's the story:
More than four hundred people tested positive for tuberculosis after a presumptive contact with two patients who were proven to have tuberculosis a decade ago. Note that none of these patients had the active disease. Note that the positive test only means that the patient was in contact with tuberculosis and developed antibodies against the disease, which protects them from developing the active disease. The case was based on the fact that because these people tested positive for latent tuberculosis (not the active disease), a decade ago, that the hospital is responsible. In fact, nobody can be certain that those people became positive as a result of infection in the hospital. I cannot imagine any other arena in which this sort of evidence would be regarded as reliable. The basis of the legal case is that the hospital and the doctors should have diagnosed the two cases that occurred in the hospital ten years before, earlier. In fact, nobody can be sure that those people became positive as a result of infection that occurred in the hospital at all. The allegation that the doctors and the hospital were in any way responsible is totally without merit and in fact is a prejudiced viewpoint. It is important to emphasize that none of these patients developed active TB, they just developed immunity to it.
When I grew up and studied medicine in Ireland, most of the population was Tuberculin positive, and regarded as being fortunate to develop resistance to active tuberculosis and be protected against it.
Unfortunately, the Judge did not seem to be knowledgeable enough to comprehend the claim of what I can only regard as the avaricious lawyers and non diseased patients, who instigated this class action law suit.
They are creating a situation in Canada that approximates to the "medical malpractice lottery" that exists in the United States and does inestimable damage to the Health Care System It will encourage any patient presenting with any infectious disease who has been in hospital in the past decade to inappropriately sue the health care system, in hope of a windfall. Such settlements will leach precious health care dollars out of the health care system into the pockets of these profiteers and their lawyers (approx 1/3 of the settlements!) They will be paid for by you and me.
Please comment if you have any view on this.
An unusual departure from traditional Canadian practice, and a worrying one. At a time when medical systems are groaning under the weight of ever increasing medical costs it seems to be folly in the extreme to introduce the burden of a capricious malpractice
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