m Editorial out of the New York Times

m Released October 20, 2010

m Speech delivered by President Obama
m Addresses the need for reform of medical
malpractice laws
m Will lessen the time spent
À Testing procedures
À Treatments
m Rhetor is Peter Orszag
m Audience: American Citizens and doctors
m Ooctors see a need to implement
evidence-based guidelines to be
followed
À aimiting punitive damages
À Unable to sue
À Financial Incentives
m aimited Punitive Oamages & Court
Proceedings
À Ôow does the patient make out if something
happens? As long as the doctors follow the
guidelines court action would not take place
and if so a cap will be put on the amount to be
received.
À Will the doctors be honest if something
happens?
À Will humans become test subjects?
0 Experimentation under guidelines
m Corporate benefits?
m Ôow much will the processes be sped up?
m What ethics are involved with eliminating tests?
Could problems arise from complications being
overlooked?
m Ôow will safety for patients be addressed?
m The system that is set in place now,
prolongs treatment due to the
extraneous testing that must be done in
order to assure safety
m Based off of Customary Practice - a
doctor who has treated a patient the
way most other doctors in the area
would is considered safe from
accusations of malpractice.
m Financial Incentives
À Oelivering higher quality of care
À Better care rather than more care
m Why can·t they always provide better
care?
À Œoney as a motivator
m The 2009 health care reform and stimulus
provided financing for effective medical
research.
À Claim this is only a start
m Prof. James Blumstein of Vanderbilt
University aaw School has pointed out,
the Social Security Act amendments of
1972 provides immunity from
malpractice liability to doctors who treat
patients in conformity with the standards
set forth by so-called quality
improvement organizations
m Standards have not been set
m Why have standards not been set?
m Could this be a path that could be
explored rather than reforming
malpractice laws.
m Too many doctors order unnecessary
tests and treatments only because they
believe it will protect them from a
lawsuit.
m To better align financial incentives for
delivering higher-quality care
m aarger investments into research
m An aggressive effort is needed to protect
doctors who follow guidelines
m Œedical professionals should be given
incentives for better care rather than
more care.
m If following the recommended guidelines
for a specific illness, not held liable
m The theme is set in political terms with a
twist of emotions directed at the general
public. The article addresses the need for
a reform of malpractice for medical
professionals but it brings in the public in
a silent way; to inform them while not
directly addressing them. Oisplays
aspects of the symbolic convergence
theory.
m 


À President Obama ² protagonist hero
À Congress ² protagonist hero
À Ooctors - antagonist
À Prof. James Blumstein ² assist antagonist
À General Public - protagonist
m `

À June 2009
À Speech to the American Œedical
Association
m i

À Introduces the lack of attention to medical
malpractice reform.
À Ôow might doctors provide quicker and
better services to patients? Through the use
of malpractice reform. Œedical professional
are afraid that if a system isn·t followed to
rule out any possible diagnosis then they
could face the possibility of being sued.
À There is a need to reform medical
malpractice statues
m i

À Ooctors are in such fear of being sued or held
responsible for problems that arise that treatments
are often prolonged and testing procedures are very
lengthy due to the covering of the tracks scenario.
m ÷



À there is a need for recognition of permanent change
m   


À [Anyone who could demonstrate that he has
followed the recommended course for treating a
specific illness or condition could not be held liable.µ