Plaintiffs' view of malpractice litigation.

Abstract

All of us want to improve the quality of practice in our professions and develop methods for ridding ourselves of the incompetent practitioner. Unfortunately, PSROs and state licence review committees have proved completely inadequate. Committed dentists, doctors, and lawyers are as frustrated as the general public when they attempt to establish reasonable standards by which to police their respective professions. Although no one likes to be sued, I would suggest that the private lawsuit has developed into the most helpful tool for accomplishing mutual interprofessional aims and upgrading all of the professions. Certainly the competent individual who makes an honest mistake that causes harm should be financially responsible to the injured party. More importantly, especially since most lawsuits involve in minority of practitioners who hurt the public and the profession, both in stature and financially through increased insurance rates, the malpractice lawsuit provides a fact-gathering process upon which both education and discipline can be predicted. Individual dentists, when they see examples of consistently poor work, are still understandably reluctant to file charges. They have enough to occupy their time in keeping up with their own practices and continuing education. They are understandably reluctant to become self-appointed policemen or keepers of the community conscience. Where, however, the information can be brought to the attention of a dental society, with the facts already marshaled through the litigation process, such groups have in recent years been much more ready to act. Since their action comes as a response to demands and pressures external to the profession, it is more easily accepted by other dentists, and therefore more likely to be effective.