In Texas, Hire a Lawyer, Forget About a Doctor? (NY Times, registration required: excerpts below)
HOUSTON, March 4 ?- As domestic security director for 16 north Texas counties, Greg Dawson of Fort Worth has many dealings with doctors and hospitals, preparing for a terrorism emergency he hopes will never come.
So, Mr. Dawson said, he was stunned this week to find that his name had been added to a little-known Internet database for doctors attacking "litigious behavior." His offense: filing a medical malpractice lawsuit against a Fort Worth hospital and doctor over the death of his 39-year-old wife, whose brain tumor was missed, and winning an undisclosed settlement.
For months, an obscure Texas company run by doctors has been operating a Web site, DoctorsKnowUs.com, that compiles and posts the names of plaintiffs, their lawyers and expert witnesses in malpractice lawsuits in Texas and beyond, regardless of the merit of the claim.
"You may use the service to assess the risk of offering your services to clients or potential clients," the Web site says.
For fees listed as low as $4.95 a month for the first 250 searches and thereafter 2 cents a search, subscribers are invited to search the database "one person at a time or monitor any sized group of individuals for litigious conduct." They can also add names to the database "from official and unofficial public records." Whether that could include a doctor's own files is not clear....
The American Medical Association said that it had just learned of the group and that it saw no ethical issues at stake.
"There's no question that physicians are totally frustrated by the relentless assault on the medical profession by trial lawyers," said Dr. William G. Plested, chairman of the A.M.A.'s board of trustees and a cardiovascular surgeon in Santa Monica, Calif. Dr. Plested said the government already maintained a database of doctors who had been sued, for use by medical professionals.
"Is it fair to come to me if you've sued the last 10 physicians you've seen and never collected?" he asked. "Is it fair for me not to know that?"
So, is it fair for doctors to "blacklist" medical malpractice plaintiffs?