Adverse outcomes are frequent in medicine. Too frequent according to some experts. The problem is that medical malpractice only compensates for the negligent or intentional injuries by healthcare providers. Many years ago malpractice was prosecuted as battery (harmful touching without consent). Occasionally an adverse outcome is prosecuted as battery when the consent is so flawed as to be invalid. Equally rarely a malpractice case is prosecuted under “res ipsa loquitur,” meaning that the injury would not have occurred without negligence. As readers will recall, the attending physician is vicariously liable for the acts of resident physicians.

The problem is injuries and adverse outcomes can occur without negligence at all. Yet adverse outcomes are a powerful motivator to sue regardless of physician culpability. Frivolous and nuisance suits still arise but plaintiffs are rarely compensated. Some legitimate suits are not prosecuted because no attorney will take the case due to the small amounts at risk. Geisinger Clinic is taking a novel approach to healthcare with its 90-day warranty.

Geisinger’s approach is an excellent step towards responsible healthcare and limiting litigation and the resulting hardships for all involved.

When your physician explains complications be sure to ask who pays for the additional expense. Ask which complications result from negligence. You have a right to know.