Will Drug Tests Help Reduce Medical Malpractice?

Posted on August 15, 2014 by Shapiro Law Group

Drug tests are no new concept, as they have been around for quite some time. However, as The New York Times reports, doctors in California are now facing the proposition of having to undergo routine random drug tests-a concept seemingly unheard of in the profession.

The proposition to require doctors to undergo random drug and alcohol tests is scheduled to appear on the ballot this November and would make California the first state to require doctors to do so.

This proposal was inserted as a sweetener in a broad push by trial lawyers to raise the state’s financial cap on medical malpractice awards for the first time since 1975. We also recently blogged on how Florida struck down its arbitrary wrongful death cap in medical malpractice cases.

Substance abuse is a well-known issue in the medical profession, and this proposition, known as Proposition 46, is drawing national attention to the debate. Proponents of the proposition feel that it will help to ease incidents of medical malpractice that can arise from physician mistakes when they are under the influence of drugs or alcohol.

The results of the random drug tests would be reported to the California Medical Board and hospitals would be required to report the names of doctors suspected of abusing drugs or alcohol.

Arthur L. Caplan, a medical ethicist at New York University, stated, “It’s crucial: I can’t believe we haven’t done this already…We can argue about how often that is, and what to do if you are positive. But the idea that we wouldn’t be screening our surgeon, our anesthesiologist or our oncologist when we are going to screen our bus drivers and our airline pilots strikes me as ethically indefensible.”

As Proposition 46 makes its way to the ballot in November, it will be important to gauge national attention to the outcome and look at the results it has on reducing medical malpractice.

Shapiro Law Group – Medical Malpractice Attorneys Serving the Tampa Bay Area

Source: http://www.nytimes.com/2014/08/02/us/california-asks-should-doctors-face-drug-tests.html?_r=1

What Our Clients Say

“My dad lost his fingers on one hand due to malpractice after a successful surgery that did not involve fingers. For months we were told it was because of debris in his blood. It was not. Mr. Shapiro and his associates were relentless in getting the medical records until the "missing" page was sent. Then they had the hard and arduous job of finding a doctor willing to testify. An informative video and audio with the doctor's testimony was presented. Case closed. Because of their due diligence, a satisfactory settlement was reached. Mr. Shapiro's law firm worked hard, were extremely thorough, professional, and kept in constant communication throughout the whole stressful ordeal. Mr. Shapiro still remembers my parents and keeps in touch with my mom, even after 15 years have passed. That alone is impressive.”

Patti A.

“The Shapiro Law Group represented our daughter, family, and reputation in winning our daughters case that was due to a catastrophic injury. We interviewed many lawyers and felt Mr. Shapiro would ultimately do what was best for our family. Being involved in a lawsuit is very difficult, emotional, and exhausting. If it weren’t for the Shapiro Law Group fighting for our daughter and family, I don’t know where we would be now. They are very thorough, knowledgeable, and know what needs to be done. Lawsuits can take a very long time, and we knew that Shapiro Law Group would not give up. They did whatever was necessary to help our daughter. We can’t thank Mr. Shapiro enough for all he has done for so many! During a very difficult situation in our lives, the Shapiro Law Group went above and beyond in guiding our family in helping our daughter. We would highly recommend this firm. Thank you,”

Stephanie P.

“Attorney Richard Shapiro was able to provide me with very knowledgeable and competent legal expertise to resolve my case.”

D. Harrison