lawyers got some questions

[cooz3]

im a little confused...isnt there a theory in the law called negligence??????????....under this theory an individual has to have a duty of care towrads another individual..and a breach of that duty (along with other things to suffice the prima facie case)..are you saying a doctor/hospital/health care provider ...whomever..who signs off on a patient to recieve the wrong organs..does not breach that duty of care?...an easy way to look at this freeze is to empathize with the victim...if that were you what would your position be...."oh well, i recieved the wrong organs and i am on the brink of death...but thats o.k. im not suing because our society is too litigous?".....

i would be the first too admit that there are terrible lawyers and there are equally terrible lawsuits (siung Mcdonalds because your overweight comes to mind)....but when there is a legitimate case ....suing someone or some entity should not be frowned upon...

with regards to being judged by your "peers" ..i understand your argument....but theoretically it would be exteremely difficult ..to have a jury of your exact peers...meaning as a construction worker having construction workers ..as your jury...were exactly does that analysis end?...do you have only white construction workers?...or only male white construction workers....etc....

our legal system is clearly not fool proof but it is in my opinion the best system and most objective in the world...however that is not to say FREEZE that people dont abuse the system...there are lawyers who do so as well as individuals...but the the theories people are allowed to sue under are suppose to provide safeguards to "throw" out bad or frivilous lawsiuts..sometimes however that doesnt always happen due to bad judges ...


cooz

 

[shamrock]

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.....

Are you serious? Going to a bar for a drink & 2 watch a show, one assumes "associated risk" & "possible death". No freeze its called responsibility.

"Feel bad about this"??? Ya right through someone gross neglect, irresponsibility & poor judgment 90 people needlessly die. But the party at fault feels bad, we best give them a pass, possibly give them another club, maybe they can needless kill several more innocent people.

Have you ever had major surgery freeze, I can tell you from first hand experience there is a major difference between associated risk & negligence.

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

 

[gecko]

Re: lawyers got some questions

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.....

I'ts been reported that the girl now faces brain damage because of the botched transplant. Duke U. Hospital and personnel responsible for the error should at least be held accountable, and that includes $ damages from the hospital. And to top it off, Duke waited about a week until it released this information to the public. What was the administration thinking? That the problem will be solved "internally"? Thank god for the marvels of modern medicine, but the cost/result of what happened and what the family is going through has to be shared by the institution. No ifs, ands or buts.

As for the doc that branded "UK" on his patients' uterus, that is even more shocking because it's so heinous and stupid. He violated his patients' rights and scarred them (emotionally and physically) for life. "UK" ON AN F*N UTERUS!!!! C'mon, a doctor arrogant enough to be like "God" that he has to leave a calling card on a woman's reproductive organ. Absolutely disgusting!

 

[AR182]

I agree that sometimes there are lawsuits that should not take place ie, fat people suing McDonalds because they ate too many fries.IMO this type of suit gives attorneys a bad reputation.However, the situation with the girl getting the wrong transplant is a different situation.If the transplant for the girl went well, meaning that the organs matched the blood, & then the girl died, I don't think there should be a lawsuit. But that didn't happen, of what I read the doctor assumed that the blood matched the organs. That is carelessness to the highest degree. When a doctor has another persons life in his hands, that doctor should not be so nonchalant.Now because of this doctor's gross negligence, this poor girl has brain damage. Dr. Freeze, you have mentioned numerous times on this forum,btw I agree, that a person should accept responsibility of his actions. How come you don't say that now? That is not being consistent.
I wonder what the response would be if anyone on this forum had,god forbid, a child in this situation? I know I would have gone berserk at this doctor.
IMO, lawyers constantly get a bad rap. For the most part they are there when you need them. True there are lowlife lawyers, but there are lowlifes in all professions. Like the doctor who carves his initials on womens, like Zorro, private parts. I have dealt with lawyers both professionally & personally & never had a bad experience with them

 

[dr. freeze]

he should accept responsibility and be fired.....

instead everyone accepts responsibility and pays the costs of malpractice.....SOCIETY pays that....the pathetic doctor incurs no more costs than you or I

 

[gecko]

I'm not aware of the details, but not identifying the right blood type raises this question: At which point in the process did it go wrong?

Maybe it's not as simple as the doctor assuming it's a match. Doesn't the hospital or the organ donor system have a process to go through involving multiple verifications? I mean, like when we get a safety check for our cars some inspection locations will do what's necessary but some may do it quicker than others and couldn't care as much because it's so routine. But organ transplantation is literally a matter of life or death.

A thorough investigation needs to be done, probing where along the lines the error(s) occured. Results need to be made public and available to the medical/organ donation community.

 

[gecko]

True there are lowlife lawyers, but there are lowlifes in all professions. Like the doctor who carves his initials on womens, like Zorro, private parts.

To clarify, the "UK" carved onto the womens' uteruses signified the doctor's alma mater, the University of Kentucky. Makes his act even more absurd and asinine. :nono:

His act is indefensible. Wouldn't YOU feel violated if someone sprayed graffiti inside your home? At least you could clean it up. But no, this doc's victims will have to live with it for the rest of their lives.

 

[dr. freeze]

the more you sue hospitals, the more administrators you are going to have running around and the more you are going to pay and the more they will make mistakes cuz there is just 1 more person passing along information.....

not the solution at all....$$ cannot make up for a mistake like this....best thing you can do is find out what happened and fire them.....and then people can hold Duke hospital accountable by taking services elsewhere if they dont clean up the system.....

suing people just creates more problems....always has and always will

 

[dr. freeze]

To clarify, the "UK" carved onto the womens' uteruses signified the doctor's alma mater, the University of Kentucky. Makes his act even more absurd and asinine. :nono:

His act is indefensible. Wouldn't YOU feel violated if someone sprayed graffiti inside your home? At least you could clean it up. But no, this doc's victims will have to live with it for the rest of their lives.

this is different...its and INTENTIONAL crime.....

as for the consequences of the women.....not really any....just think if someone carved their schools name on your intestine.....no really sequelae....i would probably laugh it off.....

 

[gecko]

he should accept responsibility and be fired.....

instead everyone accepts responsibility and pays the costs of malpractice.....SOCIETY pays that....the pathetic doctor incurs no more costs than you or I

Somewhere along the line someone's gotta say "the buck stops here." Society may very well "pay the costs", but the mistake isn't society's. The hospital, it's staff, related parties and insurance companies need to assume responsibility and stop looking to pass the buck to the consumer.

GROW SOME BALLS, OWN UP, AND GET A HEART, FELLAS!

 

[AR182]

Dr. Freeze,
You are saying that if someone carves your initials in your intestine, you would laugh it off. I hope you are kidding, because that answer is crazy. If you are being serious then I don't think you are being honest. I cant imagine anyone laughing that off.

 

[gecko]

this is different...its and INTENTIONAL crime.....

as for the consequences of the women.....not really any....just think if someone carved their schools name on your intestine.....no really sequelae....i would probably laugh it off.....

It's no laughing matter. IT'S A MATTER OF TRUST. The trust that develops between a doctor and his/her patient.

There are a lot of good, caring doctors out there, but to do this is just plain irresponsible. Maybe it's okay if the doc asked for the patients' consent. But this isn't the intestine. The uterus is one of the organs most identified with females....the womb, if you will. I would think it's a bit more "sacred" than the intestine, don't you think? :shrug:

 

[dr. freeze]

the insurance company needs to accept responsibility for mismatching the blood? they had nothign to do with it.....

probably some nurse way on down the line made a mistake....everyone makes mistakes....

now there will be a p.r. problem fro Duke Hospital....that in itself will make them pay.....

a lawsuit makes everyone including you and i pay as health care costs continue to escalate....only lawyer wins....family doesn't win cuz you can't put a price on the daughter

 

[dr. freeze]

not much more sacred than the tubes that just got ligated....

guy should go to prison for a good long while for violating the trust....i agree wholeheartedly....

 

[dr. freeze]

Dr. Freeze,
You are saying that if someone carves your initials in your intestine, you would laugh it off. I hope you are kidding, because that answer is crazy. If you are being serious then I don't think you are being honest. I cant imagine anyone laughing that off.

i wouldnt care as long as it wouldn't cause any problems in the future....just put some scar tissue there.....uterus is nonfxnal anyway......

only problems i could see would be an induced inflammatory reaction....may increase chances of a dysplasia very slightly.....yes i would laugh it off if i found out....what am i supposed to do? get oversensitive? nothing can be done now and getting all worked up about it owuld just cause emotional stress....not worth it....

dont misinterpret this that i am sticking up for htis bum though....he should go to the cell for 20 years and never be allowed to practice again....

 

[shamrock]

I guess your right freeze, nobody should take responsibility nor should there be any recourse. Probably after the child dies, the Family should go ahead & pay duke & the doctor for the job well done.:shrug:

 

[dr. freeze]

you are missing my poitn shamrock....

p.r. will be the recourse....it is an inbuilt mechanism

.....the settlement will not in any way affect the hospital nor the doctor directly.....it will just raise the costs of medicine across the board.....

you can sue the hospital for 1$ or 10000000$....that will not affect this particular hospital in anyway.....it only will affect the insurance company who had nothing to do with it...

and they along with other insurance companies will just figure it right back into their costs of giving out insurance which will be directly relayed to the consumer....

 

[dr. freeze]

i don;t understand why you guys read into things what i say....

i never said there should be no recourse....i said that suing the hospital/doctor whoever will provide no recourse.....

i never said that this doctor who carved UK shouldn't be punished either....quite the contrary.....

figure out who wins and loses when claims are won......follow the $$ trail and you will find that it comes right back to you and goes back into the hands of lawyers.....

 

[gecko]

the insurance company needs to accept responsibility for mismatching the blood? they had nothign to do with it.....

probably some nurse way on down the line made a mistake....everyone makes mistakes....

now there will be a p.r. problem fro Duke Hospital....that in itself will make them pay.....

a lawsuit makes everyone including you and i pay as health care costs continue to escalate....only lawyer wins....family doesn't win cuz you can't put a price on the daughter

No, the insurance company needs to incur a portion of the cost. Not pass it on in the form of higher premiums (either to the doctor or patient).


Not matching the correct the blood type may indeed have been a "mistake", but its potentially a costly one for all parties involved. Unpaid leave of absence or getting fired will not solve any potential future "mistakes". It's not just Duke, but it could happen elsewhere.


Health care costs.....hmmmm....see "insurance companies". As for the daughter, yes, there IS a "PRICE" in the form of present and future medical costs, as well as her future. She and her family will have to bear the full burden of the "mistake".

 

[Magic_01]

I know this is off subject, but I have a lawsuit question.

I was playing Intermurals at College, and they never had us sign anything, and THey don't have pads on the walls where we play. Sure enough, I am going for a block shot, and get my legs taken out, and lose my balance into the wall with all my momentum landing into my elbow, and break the end off the Raidius.

Emergency room Visit cost $695, and have not seen how much the othter 3 visits and exrays are going to cost yet.

Since It was a school activity, shouldn't they have insurance to cover, or would a lawsuit be possible to collect since it was on there grounds and NO PADS, which should of been supplied?

Not to add, I play Collegent Golf, and season is just underway, and can't even pick a club up yet, so I won't be getting any money in the spring due to this. It has been 3 1/2 weeks since it happened, and still can not straighten or bend the arm, and I hope this does not affect my golf swing once it heals, but I know I probley won't be able to play at all this Spring, as by the time it is healed, season is almost over.

What would you guys recommend?