New Orleans Medical Services (NOMMS) has performed more than 787 free surgeries in Nicaragua, Ecuador and Panama, but none in Louisiana. With the Charity Hospital still shutdown from Hurricane Katrina, New Orleans is in desperate need of free medical services. NOMMS officials suggest that the primary reason for the organizations inability to provide services in Louisiana is bureaucratic red tape, and the threat of medical malpractice lawsuits.
According to an article in the N.O. City News, Fred Mikill, CEO of NOMMS, tried to get insurance through APD Insurance after Katrina, but was unable to do so. He also tried to get the city to provide insurance but again was denied. He was told the risk involved with volunteer doctors performing invasive surgery is too high. Dr. Thomas Kennedy, a surgeon at East Jefferson Hospital and founder of NOMMS, blames medical malpractice attorneys for the dilemma. He is quoted as saying “litigation may not be the root of all evil, but it is the root of a lot of evil. If anything goes wrong, you’re going to get sued “.
I think not, especially in Louisiana, where all claims against qualified health care providers must first go through a medical review panel consisting of three doctors and an attorney chairperson. The claimant is rarely successful at this stage and because the opinion comes into evidence and the doctors can testify in court, most claims die at the panel stage. In addition, there is a cap of $100,000 against the doctor or his insurance carrier. There are no runaway verdicts to collect in Louisiana. Dr Kennedy might want to put the blame on the insurance companies rather than attorneys who are representing the injured people. Just because the doctors are volunteering their services, it does not allow them to perform services below the standard of care.
Stan Brook, founder of Remote Area Medical Volunteer Corp, echoes some of the same concerns, but sees the real problem of free surgeries is the lack of free hospital space. His group relies on their doctors’ own insurance, and the group has never been sued in its 20 year history. He is also frustrated that doctors licenses are not recognized from state to state. NOMMS services should be applauded, but there inability to performed surgeries in N.O. area should not be blamed on lawyers, but focused on the insurance companies and the lack of free hospital space.
Richard J. Arsenault, 2011
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