bejohnson
06-12-2004, 09:59 AM
Mississippi Lawmaker's Kin Is Refused Treatment (http://apnews.myway.com/article/20040611/D8353NF00.html)
Jun 11, 7:09 PM (ET)
JACKSON, Miss. (AP) - A plastic surgeon declined to treat the daughter of a lawmaker who opposed limits in damage lawsuits against doctors in Mississippi.
Kimberly Banks said she went to Dr. Michael Kanosky's office Wednesday seeking to have scars removed from third-degree burns she suffered while cooking earlier this year.
"He asked me who I worked for and then asked me who my father was," Banks told The Associated Press. "I told him Earle Banks. He told me, 'I can't see you because your father is against tort reform.'"
"I told him I didn't see what difference what my father did," she said.
Kanosky has said that, as an active opponent of damage suit limitations, he was simply behaving ethically and referred Kimberly Banks to other plastic surgeons.
The elder Banks, a funeral director, has been a member of the Mississippi House since 1993. He opposed legislation to limit medical malpractice awards that passed in a recent special session and is about to become law.
Kanosky was out of the office Thursday. However, he earlier told Jackson television station WLBT that he and his wife both lobbied on the issue.
"We just felt that there was a conflict of interest, and my wife was a lobbyist for the doctors," Kanosky told WLBT. "I explained the concerns about conflict of interest. She (Banks) seemed OK with that. I have to be ethical and present those conflicts to the patients."
Officials with the Mississippi State Medical Licensure Board say Kanosky was not out of line because he did give Banks referrals to other cosmetic surgeons in the Jackson area.
Banks, who said she will file a complaint with the state board, told the television station that she was upset and left Kanosky's office without the list of other surgeons.
What is your opinion?
This is a good example of the fine line between retribution and ethical behavior. I can see both sides of this situation. Since the new law is not in effect though, I see the concern of the doctor. The daughter of the man that was against tort reform comes to him as a patient and God forbid something going wrong. He would be setting himself up for a major lawsuit. The ethical thing to do was what he did, refer her to another doctor.
As for tort reform, if a professional makes a mistake then they should be held responsible and pay for the damages but the outlandish tort rewards that have come out of the courts have gone way beyond just compensation for the damages. The limit or rewards shouldn't be fixed but there should be reasonable guidelines established for the amount of a reward commensurate with the actual damages incurred.
Jun 11, 7:09 PM (ET)
JACKSON, Miss. (AP) - A plastic surgeon declined to treat the daughter of a lawmaker who opposed limits in damage lawsuits against doctors in Mississippi.
Kimberly Banks said she went to Dr. Michael Kanosky's office Wednesday seeking to have scars removed from third-degree burns she suffered while cooking earlier this year.
"He asked me who I worked for and then asked me who my father was," Banks told The Associated Press. "I told him Earle Banks. He told me, 'I can't see you because your father is against tort reform.'"
"I told him I didn't see what difference what my father did," she said.
Kanosky has said that, as an active opponent of damage suit limitations, he was simply behaving ethically and referred Kimberly Banks to other plastic surgeons.
The elder Banks, a funeral director, has been a member of the Mississippi House since 1993. He opposed legislation to limit medical malpractice awards that passed in a recent special session and is about to become law.
Kanosky was out of the office Thursday. However, he earlier told Jackson television station WLBT that he and his wife both lobbied on the issue.
"We just felt that there was a conflict of interest, and my wife was a lobbyist for the doctors," Kanosky told WLBT. "I explained the concerns about conflict of interest. She (Banks) seemed OK with that. I have to be ethical and present those conflicts to the patients."
Officials with the Mississippi State Medical Licensure Board say Kanosky was not out of line because he did give Banks referrals to other cosmetic surgeons in the Jackson area.
Banks, who said she will file a complaint with the state board, told the television station that she was upset and left Kanosky's office without the list of other surgeons.
What is your opinion?
This is a good example of the fine line between retribution and ethical behavior. I can see both sides of this situation. Since the new law is not in effect though, I see the concern of the doctor. The daughter of the man that was against tort reform comes to him as a patient and God forbid something going wrong. He would be setting himself up for a major lawsuit. The ethical thing to do was what he did, refer her to another doctor.
As for tort reform, if a professional makes a mistake then they should be held responsible and pay for the damages but the outlandish tort rewards that have come out of the courts have gone way beyond just compensation for the damages. The limit or rewards shouldn't be fixed but there should be reasonable guidelines established for the amount of a reward commensurate with the actual damages incurred.