Yes: Malpractice costs will

  • By Dylan Malone
  • Tuesday, October 25, 2005 9:00pm
  • Opinion

I know first-hand how urgently Washington state needs improved patient safety measures. My family was tragically impacted by the lack of information available about our doctor’s malpractice history, and what we didn’t know could have saved our son’s life. Sadly, this could still happen to your family today.

Our current medical system allows doctors who have injured patients previously to keep practicing, even if they have an extensive record of misconduct or error. Rather than sanctioning and removing these few dangerous health care providers from the Washington medical system, they are quietly shielded and allowed to continue.

That’s what happened in the case of our son Ian. My wife, Christine, and I were not told that our doctor had eight previous malpractice claims and was no longer allowed to deliver babies at the local hospital.

Because of our experience, I helped draft Initiative 336 – a measure that will hold doctors, lawyers and the insurance industry accountable. It puts patients first by implementing measures that would allow them to know their doctors’ complete malpractice history. Had this been in place when Ian was born, we certainly would have selected a different obstetrician.

I-336 will require the state to investigate any health-care provider who has paid three claims of $50,000 or more in a five-year period. Three judgments in 10 years will result in disciplinary action or a revoked license. Less than half (44.7 percent) of doctors with five or more malpractice payouts have been disciplined by Washington authorities or a state medical board, according to a recent Public Citizen study, meaning that there is very little incentive for these providers to improve. I-336 will make the small population of bad doctors who are responsible for a wildly disproportionate share of the injuries accountable for their actions.

I-336 eliminates secrecy agreements that bad doctors use to hide their medical negligence histories when settling cases. Typically, malpractice settlements require severe secret agreements that prevent the physician’s name from ever being known. I-336 would lift this veil to protect families like ours who thought they’d done sufficient homework on their doctor.

I-336 will also add two citizen members to the Medical Quality Assurance Commission, an organization that is overwhelmingly comprised of doctors. This reform is long overdue; our state’s medical boards are some of the most lax in the country. A Public Citizen study released in September ranked us 42nd out of the 50 states for discipline.

Unlike insurance-backed initiatives, I-336 ensures that injured patients continue to have their constitutional right to their day in court. I-336 does not mandate arbitration or a jury trial but gives injured patients, not insurance companies, the freedom to choose.

I-336 will force insurance companies to publicly justify rate hikes to protect good doctors from insurance price gouging.

I-336 tackles the malpractice crisis while protecting citizens’ rights to our civil justice system by holding attorneys accountable, too. Lawyers are required to submit a certificate of merit when they file a case, and will be sanctioned if they file frivolous lawsuits.

If the common-sense reforms in I-336 had been in place, my wife and I would have known our doctor had restricted hospital privileges and had already lost so many medical malpractice claims. In fact, the state would have investigated his long string of errors before he had treated our family at all.

Instead, it was impossible for us to know about our doctor’s troubled past. He gave Christine a small brown envelope of pills, with handwritten instructions. We didn’t know that the same drug from a pharmacy would have had a label explicitly stating it was not to be taken by a pregnant woman.

The drug caused extreme, violent contractions, smothering Ian. After hours of agony, he was born blue and lifeless – not breathing and with no heartbeat.

Ian was revived and lived, but with severe injuries. He required around-the-clock care and ate through a feeding tube. His mind would never develop beyond that of a six-month-old infant. Ian died last year at age 4, due to complications from his preventable injuries.

We filed a complaint with the state medical board. After a two-year wait, they finally agreed with our accusation and found him guilty of malpractice and misconduct, but they simply issued a $1,000 fine. This obstetrician continues to practice today.

We can reduce the cost of medical malpractice by reducing the incidence of malpractice itself. I-336 is sound public policy that will protect patients in our state through accountability of doctors, lawyers and insurers. Vote yes on I-336 and put patients first.

Dylan Malone is an advocate and spokesperson for Initiative 336. He also works as a non-editorial employee of The Herald.

* Lynnwood city council

Smith will balance growth, quality of life

I have lived in Lynnwood for over 13 years and I have seen first hand the dramatic changes that affect my city. We have quickly grown from a bedroom community of Seattle to our own commercial hub with more traffic and development coming. I am very concerned that our quality of life is at risk.

That is one of the many reasons why I am excited that Mark Smith is running for Lynnwood City Council. He told me that he lived in Lynnwood when Alderwood Mall was only a dream and Lynnwood was a rural area. Mark is aware of the many changes we face as a city in the future.

I have heard Mark talk about how we need to balance city growth while maintaining the quality of life that makes Lynnwood unique from our surrounding cities.

Mark is aware that a city center is important to the community. He is committed to creating a city center that attracts businesses with green space and places for our community to gather. One way to do this is to have high density housing that is attractive to both families and our seniors, while protecting our older neighborhoods and keeping them as single family units.

Mark Smith is my choice for City Council, because he has seen the changes and understands the challenges. His vision for the future of Lynnwood is like mine. A city we can call home and be proud of.

Marylou Eckart

Lynnwood

* Everett mayor

City needs Stephanson’s effective leadership

Who can best serve the city as mayor for the next four years? We must re-elect Ray Stephanson to continue serving Everett. He has proven his ability to lead, build consensus and resolve differences. He actively seeks participation from residents.

The difficult part of being a leader is not catering to special interest groups and keeping the best interests of Everett’s residents in sight. A good leader cannot please everyone, nor should everyone expect to be pleased by all decisions.

It is easy and safe for a councilman to vote no on an item when everyone else is voting yes. However, it serves no purpose. I have watched this happen for more than 25 years. We cannot support someone who says no to everything that comes along.

We would not have the positive changes that are taking place if it wasn’t for the hard work, dedication, integrity and leadership of Stephanson. He just balanced a $350 million budget for next year. We are seeing positive changes downtown, plans for riverfront development after more than 20 years of work set in place by previous leaders of the Lowell neighborhood.

People talk about bringing in living wage jobs. The mayor does not have control over what businesses do or don’t do. What the mayor can provide is a good business climate. We hope for a four-year college for Everett. We hope for a lot of things that will improve our city and Ray is the man to make it happen.

I ask everyone to look at the big picture for our city and vote for Ray Stephanson to serve for the next four years, as Everett is on the cusp of something big. Everett will only reach its potential if we have an experienced and effective leader, and that man is Mayor Stephanson.

Sharon L. Nelson

Everett

* Brier mayor

Bob Colinas will bring professionalism, balance

Brier can’t afford another Gary Starks in the mayor’s office. But that’s what we could end up with if Gary Morgan is elected mayor.

When the citizens of Brier crowded into council chambers to demand Mayor Starks’ resignation, long-time supporter Gary Morgan’s absence was keenly noted. It’s not easy to face a room full of angry citizens, or to sit through hours of testimony concerning staffing issues and community maintenance concerns. But Bob Colinas did.

It was not easy to approach disheartened volunteers and help them find a way to proceed with already scheduled events, like SeaScare. But Bob Colinas did.

Brier deserves an approachable mayor who will make significant changes in the city’s governance. We need an even-tempered mayor, willing to listen to both sides of an issue. We need someone who thinks outside the box and who will work hard to find solutions to issues that will impact our community for years to come. That candidate is Bob Colinas.

We deserve clean, well-maintained parks and public spaces. And we desperately need someone with experience in day-to-day city management. Bob Colinas has 28 years of experience in local government and a long history of reaching out to work with community groups. Bob Colinas will put the unity back in our community. Elect Bob Colinas as mayor of Brier.

Dee Williamson

Brier

* snohomish council

Hamlin’s record of not voting is hypocritical

I received a piece of mail that said Randy Hamlin hadn’t voted in seven of the past 10 elections. I didn’t believe it until I contacted the county elections division myself and found out it was true.

How can someone who didn’t even vote for city council candidates in 2003 now want to represent us on that same council? That seems hypocritical to me.

I expect someone who represents me to at least make an effort to return an absentee ballot and vote on issues impacting our city. I will be voting for Rebecca Loveless who is running for Position 5, who has a perfect voting record.

Richard Dunbar

Snohomish

* County council

Vote against reckless land-use decisions

Please join us in voting for Dave Somers for Snohomish County Council. We’ve always been Republicans, but we cannot support Jeff Sax’s efforts to pave over and fill in farmland in the Snohomish Valley floodplain to enable Harvey Airfield to expand in to a major reliever airport for Sea-Tac.

What does this bring city residents? The ability for Harvey Airfield to significantly increase the size and number of aircraft that will be flying over homes day and night. Do city residents really want a reliever airport for Sea-Tac in their back yard? Do city residents want to pay for sewer services here and future flood damage repairs?

What does this bring floodplain residents and farms? Worse flooding in Monroe, Snohomish, and Everett. You do not fill 200 acres in the floodplain without consequence.

Jeff Sax and his reckless and irresponsible land use decisions need to be replaced. Vote to save our farms. Vote for Dave Somers.

Cliff and Rosemary Bailey Don and Barbara Bailey

Snohomish

* I-901

Non-tribal businesses face huge disadvantage

Thanks to The Herald for taking the correct but not politically-correct position on Initiative 901. I-901 isn’t about banning smoking in public places. I-901 is an attempt to make smoking illegal and take away every non-tribal property and business owners’ right to choose. Meanwhile, every tribal business in this state gets an exemption.

The self-righteous attitude of supporters who claim that they should have the authority to enter into private property and fine or close down businesses simply because they allow smoking is something from the days of the old Soviet Union or Nazi Germany. I-901’s goal is to close down businesses that allow consumption of a legal product.

Government should do more to help people who want to quit smoking, but that should never include intruding onto someone’s private property. What’s next that someone with millions to spend will want banned? French fries, Big Macs or fried chicken? Laugh, but this is how the prohibition campaign was started years ago and we know how successful that was.

Where are our elected leaders? The economic advantage to the Tulalip Tribes’ businesses is clear, yet our leaders sit on the sidelines and remain silent.

The 25-foot rule gives thousands of non-tribal private businesses no way to make their smoking customers feel welcome in the businesses or on their own personal property. Yet, right down the street, all tribal businesses can allow smoking.

I-901 even bans smoking in a cigar shop or cigar bar. Are you kidding? Many smokers will just go where they can smoke. Sadly, this will be at the expense of many innocent business owners, their employees and taxpayers.

JACK SHERIN

Marysville

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