From the operating room to the courtroom: Why one neurosurgeon became a medical malpractice lawyer

After a line drive shot straight into the right hand of Lawrence Schlachter, MD, and shattered bones, his career as a neurosurgeon was over. But Dr. Schlachter's new career as a medical malpractice attorney was just beginning. 

At the time of the accident, Dr. Schlachter was 52 — older than most when they enter law school. He has now been practicing law on behalf of patients for a dozen years, and he says those years in the court room lend him a new perspective into the medical world, according to an interview with ProPublica.

Dr. Schlachter recently wrote an op-ed for The Wall Street Journal called "More Must Be Done to Expose Bad Doctors," which cites a study in the New England Journal of Medicine that found 1 percent of physicians are responsible for nearly one-third of all paid malpractice claims. His book, Malpractice, will be released this year.

Compared to when he worked in the operating room, Dr. Schlachter told ProPublica he now sees "doctors and hospital officials cover up records, lie, not tell the patient and family what happened. I've seen fractures in the healthcare system, a lack of patient safety, and human nature and arrogance causing people to circle the wagons. I saw doctors come to court and say things that weren't true. I saw patients come to court and not get justice."

When he was practicing, Dr. Schlachter said he had a limited view of these problems, as most physicians are inclined to stay quiet and out of the way of medical malpractice cases unless they are in them or testifying as a witness.

The fundamental problem Dr. Schlachter has identified is that "medicine is incapable of regulating itself," he said, according to the report. "Doctors, like any other profession or business, will act in their own self-interest and protect their own self-interest. How far they go is an individual choice, depending on the stresses that are on the institution or the doctor. But everyone tries to not discuss what went wrong, to not expose themselves to a medical-legal situation or litigation."

And while physicians want to do everything possible to help patients receive the best quality care and improve patient safety, "they're afraid to come out," Dr. Schlachter said. "They're in the closet. They're afraid of retribution, isolation."

There is no simple solution to change physicians' behavior. Instead, any change that will occur will be gradual. However, it is important to raise awareness that medical malpractice is an issue that is "not sustainable, and it's not right," he said. The other change that must occur is an increase in accountability among physicians.

"Accountability doesn't necessarily mean punishment," said Dr. Schlachter, according to the report. "It could be rehabilitation, supervision, a lot of different things. But there has to be a just and fair way for people to get good care and for doctors to know what they're doing and be held accountable when they make mistakes."

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