lawyers got some questions

[dr. freeze]

poor little girl heart and lung transplant 2nd one in a week....50% chance of success......okay transplant is done, girl not doing well suffering brain damage......lawyer gets on TV and says they are thinking about a lawsuit....

soon doctors will never do anything to help....might as well just give up cuz will get sued if there isn't 100% success rate.....

now other guy engraves UK into uterus of women...that is jail time....don't need to dish out $$ cuz of this to lawyers and patients.....patients should go to doctor with good reputation who isn't psycho for tubal ligation....

health care getting ridiculous costs...doctors have to pay 30-150K/year for malpractice in addition to having to hire 3-4 extra people/doctor to deal with insurance people, paperwork due to litigation problems, etc......all goes back to lawyers and trial lawyers assuming the bench and stupid juries which begs the question....shouldn't a jury consist of one's peers? isn't that the definition of a jury? not a bunch of idiots who don't understand what the costs of society are on some of these handouts....

do you lawyers get trained in ethics and what the sums of these lawsuits do to doctors/businesses/ etc?

i know we get trained as doctors and guys like thsi who engrave their initials will get outcast among us....wil get total disrespect and he will never be able to practice again.....

now if someone makes a mistake -- as in surgery, such as hitting femoral nerve (and causing loss of fxn in parts of leg) doing tubal ligation that should NOT be subject to lawsuit cuz that is an associated risk of surgery.....are you lawyers trained in this stuff? or do you just automatically go running to and fro looking to sue people and make lives miserable?

 

[djv]

I agree to a point. And I also believe all Doctors here in America should speek English. As to first point government wants to put limits on pain and suffering at 250 thousand. Well that may get everyone asking for that amount. Right now the average acrosse America is 156 thousand. Of course we dont here about those small case just the Million dollar ones. Congress may make it worse in there ways of screwing things up. And of course if the case would involved someone in there family. Well Doc you know the answer to that.

 

[dr. freeze]

djv most of htese lawsuits are associated risks we take....you can choose not to do medicine and do your own way.....couldda chosen to not take ephredine....risks and benefits for everything....benefits outweigh risks most of the time for most of the people......

don't see the rationale in giivng out $$ to those who unfortunately get adverse reactions.....

i agree with the english thing....my grandparents didn't come here talk German to everyone and try to force everyone to learn German and vote for the guy who speaks German phrase or two....they learned ENGLISH cuz AMERICA IS A MELTING POT.....we are many peoples coming into 1......

also agree with the way doctors write prescriptions should be legible.....

 

[dr. freeze]

by juries being your peers i mean this.....

if i am a construction worker and someone sues me for being negligent -- only people able to justly evaluate this are my PEERS -- my fellow construction workers....they know what is negligent and what is an accident....

similar case for doctors/businesses etc......

should be a jury of your peers for the defendent

 

[Blazer]

ERROR-Wasn't the first set of organs the wrong blood type creating the rejection? I thought that was the whole story.

 

[dr. freeze]

someone sues a nightclub about fire hazards and allowing pyrotechnics in club....what better people to be able to determine what is right and wrong and correct procedures in fellow nightclub owners.....they know what is being talked about and what is proper and what shouldda wouldda coullda prevented this....

or is this an associated risk for going to a pyrotechnic concert for all bar patrons? possible death? could be....

we all assume risks and cannot sue for something that is bad that happens.....dont know where this mentality started but it is sickening and trying to throw blame around just makes more lives miserable and has a direct impact on society's cost......

the owner of the bar, the band -- whoever -- if they are still living, feel bad enough about this....not sure if they need to be sued for every cent they have.....

just a very very sad circumstance and hey any time any of us go anywhere we could be taking our last step out of the house....life is so precious

 

[dr. freeze]

ERROR-Wasn't the first set of organs the wrong blood type creating the rejection? I thought that was the whole story.

yeah but thats an associated risk....human error in every surgery....granted its quite trivial, but with all the people running around with papers and stuff things like this are more likeyl to happen.....this is what happens when you get 5000 hospital empoyees all iwth 500 memos coming at you in surgery....

hospital is in the blame and someone should be fired or outcast but granting people $$ at the cost of society and making more lives miserable is pathetic on trying to compensate for a tragedy such as this

 

[TIME TO MAKE $$$]

I hear your frustrations Freeze, I think this is a great article that pretty much summarizes the issue at hand...

http://www.news.harvard.edu/gazette/2001/10.18/14-ethics.html

 

[Eddie Haskell]

I have never in my life seen a post filled with more inaccurate, erroneous assumptions and misrepresentations at this one. You are obviously not a medical doctor as, it is my opinion, that all of the medical doctors I know are of above average intelligence.

Either you are an insurance company shill doctor or, as previously stated, not a medical doctor. Significantly increased malpractice premiums are due to poor investments by the insurance carriers in the 90's not due to jury awards. Your posts continue, and I mean continue, to display your extreme distain for lawyers.

Freeze, we understand you have lumped all lawyers into some convenient catagory that suits your predisposed thought processes. Fine, all lawyers suck and all problems with malpractice insurance rates are due to trial lawyers and litigation. All your doing, at best, is showing how ill-informed you truly are.

Good attorneys (for the record I acknowledge there are bad attorneys) advise there prospective clients of the difference between poor results and medical malpractice. That is, a bad result does not necessarily mean malpractice.

However, in order to prove a malpractice case, in most jurisdictions, a plaintiff is required to prove the defendant health care providers' conduct fell below the standard of care. In order to do so, the plaintiff must provide expert medical testimony to get the case before a jury.

In other words, my dear quack, a fellow doctor must testify against the defendant doctor and state that he committed malpractice. Your comments about runaway juries is so stupid it doesn't even deserve comment.

However, who do you think are on these crazy juries? You are completely and totally misinformed, biased and, based upon the content of your post, uneducated. What about bad doctors, clown???? What do we do with them????

Your a moron,
Edward Haskell, Esq.

 

[djv]

There is another reason health cost are going up I forgot to mention. We here in America are the lucky ones that are starting to live longer and longer. The Health care needed for these folks is growing and growing.

 

[dr. freeze]

Eddie.....i said i had some questions....you answered some of my questions......thankyou...

not yet a quack either

i don't think anyone would want to go into a field where they could easily get sued at their job if they messed up or if something happened that was entirely not their fault......so i don't think i am a moron for not wanting to worry about being sued all the time.....if that is an unreasonable apprehension, and if i am supposed to be some robot with no feelings at all, then please plug me in to your magic robot computer so that i will never ever mess up no matter how hard i try not to....

thanks Ed and stay away from Never never land

 

[buddy]

Eddie

disdain

not distain

no prob

your bud
buddy

 

[dr. freeze]

we JAIL the bad doctors if they are criminal or we do not go to the bad doctors for practice....

what about bad lawyers -- say a lawyer doesn't do a good job getting someone out of a divorce -- should i sue the lawyer???

how bout a restaurant....say the cook puts chedder on my mushroom and swiss.....do i get to sue the cook????

what a simple mistake that is!!! surely i must be able to sue!!!

 

[taoist]

what about bad lawyers -- say a lawyer doesn't do a good job getting someone out of a divorce -- should i sue the lawyer???

yes, it's called malpractice...same standard and expert witness testimony applies...attorneys pay malpractice insurance too, dr. freeze.

 

[taoist]

we JAIL the bad doctors if they are criminal...

Freeze, we jail EVERYONE that is a criminal (proved beyond a reasonable doubt)... doctor's aren't special in that regard. Even a local school teacher got put in jail the other day for DUI.

 

[dr. freeze]

right.....much better way than handing out free $$....i am in agreement with this....

i am just a little naive on how you can get sued....i see tv ads all the time here about the "Texas Hammer" and others chasing ambulances.....makes me sick to my stomach

 

[Eddie Haskell]

Freeze:

You are so off base. Taoist is right. We pay malpractice premiums also which continue to rise because legal malpractice suits are on the rise.

Are you saying that doctors are not committing malpractice? Surely, I think not. Even you would agree that some (you and I will disagree as to the numbers) doctors conduct falls below the standard of care and can be deemed malpractice.

In your view, what should we do when such doctors commit such "simple mistakes" (like cuttin off the wrong limb or leaving a surgical instrument in someones abdomen or accidently killing someone)? What do we do?

In our society, we are responsible for our conduct. Occasionally good doctors make mistakes. Occasionally, good lawyers make mistakes. If such mistakes, fall below what our peers say is good practice, we should be responsible for such errors.

With respect to your example, you shouldn't sue the lawyer if he or she doesn't do "... a good job..." in getting someone out of a divorce. You should sue that lawyer if his or her conduct in representing the party to a divorce fell below the standard of conduct of other lawyers in such community under the same or similar circumstances.

That, my cold friend, is malpractice. Concerning your hamburger example, may I suggest you call your waitress over and ask her for another burger.

Buddy, thank youse.

Ed

 

[dr. freeze]

everyone messes up eventually....if i was getting my limb cut amputated i would make sure my doctor and everyone else knew which oen before i went in there....would also do my research before i purchased the services....

dont go buying a used car without doing my research and dont go to the doctor unless i know if he is a good one....

if i need a lawyer someday you can bet i will check around to get the best one for my $$....

if a doctor performs "below the standard of care" i got one piece of advice....find another doctor....soon he will be selling shoes

true power is in the consumer.....do not need to complicate things for everyone make it hard on everyone for bad doctors (by ridiculous litigation, paperwork, insurance, etc....).....why should everyone share the blame when all it takes is to go find another doctor if he sux?

 

[taoist]

right.....much better way than handing out free $$....i am in agreement with this....

i am just a little naive on how you can get sued....i see tv ads all the time here about the "Texas Hammer" and others chasing ambulances.....makes me sick to my stomach

well, doc, there's criminal law and there's civil law.... they serve different purposes.... criminal law punishes the wrongdoer for his crime, whereas civil law compensates the injured for their loss.... different areas of the law serve separate purposes, but in many instances there is both a civil and criminal claim...and different levels of proof required....

o.j. was not guilty "beyond a reasonable doubt" in the criminal murder case (according to a jury of his peers) but was liable in civil court for wrongful death "by a preponderance of the evidence".... see the difference?

 

[taoist]

everyone messes up eventually....if i was getting my limb cut amputated i would make sure my doctor and everyone else knew which oen before i went in there....would also do my research before i purchased the services....

dont go buying a used car without doing my research and dont go to the doctor unless i know if he is a good one....

if i need a lawyer someday you can bet i will check around to get the best one for my $$....

if a doctor performs "below the standard of care" i got one piece of advice....find another doctor....soon he will be selling shoes

true power is in the consumer.....do not need to complicate things for everyone make it hard on everyone for bad doctors (by ridiculous litigation, paperwork, insurance, etc....).....why should everyone share the blame when all it takes is to go find another doctor if he sux?

...not all consumers have a variety of options available to them...and moreover, most uneducated folk don't think that you have to "shop for a doctor" as you would a used car. most laymen think that graduating med school qualifies you to be a doctor and practice your trade..... but you and I both know better, right? ...that's where the lawyers come in...to equal the playing field for the little man.