Lawmakers want
medical community to do more to 'police' itself
Associated
Press
COLUMBIA, S.C. - The medical community needs
to scrutinize more of its doctors who make mistakes, some lawmakers
say.
The issue has been debated as lawmakers approved a bill that
would set a $1 million cap per victim on jury awards in medical
malpractice cases. That measure needs final approval by the House
next week before heading to the governor's desk.
Sen. Brad Hutto, D-Orangeburg, said doctors groups have lobbied
for the cap, but they haven't shown the same enthusiasm for tougher
licensing and discipline standards.
"They want us to protect them by giving them caps," said Hutto,
who is active in the medical malpractice debate in the Senate and
the husband of a pediatrician. "But the other side of that coin is
they must be better able to police themselves."
House Judiciary Committee Chairman Jim Harrison, R-Columbia,
asked during a committee hearing on the medical malpractice bill
what doctors were doing to improve their profession from within.
"I didn't get much of an answer," the Columbia lawyer said. "It
sounds like there are some doctors ... who want relief (from
lawsuits) but are blocking what would be better self-policing."
Doctors' organizations say the two issues should be viewed
separately and that patient safety comes first.
"There is no correlation between the two," said Todd Atwater,
director of the 6,700-member South Carolina Medical Association.
Rep. James Smith, D-Columbia, is skeptical doctors want more
public scrutiny.
"If the number one concern of the physicians advocating tort
reform is patient safety ... and not self-interest," Smith said of
the malpractice bill, "then they will pursue as vigorously the
policing of their profession. These are not mutually exclusive."
Earlier this month, the state Board of Medical Examiners approved
the first major rewrite of regulations for how doctors are licensed
and disciplined. One major change is it would allow the public to
learn about complaints against doctors sooner.
Currently, all board disciplinary proceedings are secret until
action is final. The proposed changes, which need legislative
approval, include publicly disclosing interim and temporary
suspensions.
In the past year, sanctions against two doctors have ignited a
debate over which agency has the final say in discipline cases and
which of those venues - if either - is open to the public.
"The direction of reform up here is to stop the process of going
from the agency to the courts and then back to the agency," state
Sen. Glenn McConnell, R-Charleston, said.
The medical board ordered West Columbia alternative medicine
physician Dr. James Shortt to stop intravenous infusions after one
of his patients died. The case went to an Administrative Law Court
and remains unresolved a year after the patient, Katherine Bibeau,
died.
Shortt has agreed to limit his practice while his case is argued.
The board continues to list him as having no disciplinary
violations.
Hilton Head Island cardiologist James Johnston, whom the board
sanctioned three times because of alcohol impairment, blocked his
discipline by appealing to the administrative court. A newspaper's
lawsuit to open the records and settle the jurisdictional question
was argued last week before the state Supreme Court.
Dr. William Hueston, president-elect of the 1,400-member state
Academy of Family Physicians, said the proposed changes are
improvements.
"If we're going to have licensing, we have to come down on the
side of having a more open process," McConnell said. "I just think
you instill more public confidence."
House Speaker David Wilkins said he would wait until the medical
board's proposed changes were submitted as legislation.
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