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-   -   Damn lawyers (http://www.cougarguard.com/forum/showthread.php?t=24576)

CardiacCoug 11-09-2008 07:19 PM

Damn lawyers
 
Who besides doctors is required by law to provide free interpretation services that cost far in excess of fees collected? Stuff like this pisses me off.

http://www.law.com/jsp/article.jsp?id=1202425326286

il Padrino Ute 11-09-2008 08:11 PM

Why does the doctor have to provide interpretation services? I would think that it is the responsibility of the patient to do so.

ERCougar 11-09-2008 09:52 PM

Quote:

Originally Posted by il Padrino Ute (Post 292621)
Why does the doctor have to provide interpretation services? I would think that it is the responsibility of the patient to do so.

Yeah, one would think that if one were rational. Unfortunately, we're leaving this thinking to attorneys.

This requirement significantly impacts my work and irritates me to no end.

YOhio 11-09-2008 09:59 PM

And to think we just elected a ticket with two attorneys.

il Padrino Ute 11-09-2008 11:42 PM

Quote:

Originally Posted by YOhio (Post 292648)
And to think we just elected a ticket with two attorneys.

We?

I had nothing to do with that. I voted for the Naval pilot and the babe.

CardiacCoug 11-10-2008 01:54 AM

Notice how in the article, the physician was found liable for $400K (a year's income) while a lawyer guilty of a similar offense had to pay a whopping $1K.

Damn lawyers.

ERCougar 11-10-2008 02:30 AM

Quote:

Originally Posted by CardiacCoug (Post 292742)
Notice how in the article, the physician was found liable for $400K (a year's income) while a lawyer guilty of a similar offense had to pay a whopping $1K.

Damn lawyers.

Interesting, isn't it?

I wonder how many attorneys have to purchase malpractice insurance for their errors? Do they go before a panel of physicians to determine the quality of their work? Don't worry, we'll ask a few attorneys how well you did and then take their testimony to a group of jobless high school dropouts for the final decision. I mean, really, how hard can it be?

Archaea 11-10-2008 02:51 AM

Quote:

Originally Posted by ERCougar (Post 292758)
Interesting, isn't it?

I wonder how many attorneys have to purchase malpractice insurance for their errors? Do they go before a panel of physicians to determine the quality of their work? Don't worry, we'll ask a few attorneys how well you did and then take their testimony to a group of jobless high school dropouts for the final decision. I mean, really, how hard can it be?

The frustrations physicians experience in malpractice are understandable, but the magnitude of your errors, literally concern life and death. Now many professionals don't experience the same professional malpractice that physicians do, but historically large accounting firms were sued in securities cases for egregious errors to a point where the firms ceased doing certain types of work.

Lawyers purchase malpractice and it runs roughly what a family practitioner pays.

UtahDan 11-10-2008 02:51 AM

Fellas, you're shooting the messenger. This is an Americans with Disabilities Act case. You can thank congress for that one. If you don't like how a judge is applying that law, or think it is beyond the scope if its intent, you should be calling your congressman. Seriously.

Also, just for educational value, in my state you are not required to carry malpractice insurance but you appear on a list of "uninsureds" if you don't. As a practical matter we ALL carry malpractice insurance, think and discuss frequently our exposure in various situations, and must take at least twelve hours of continuing education, three of which must be ethics. There is a move to require everyone in my state to carry insurance and I support it.

In addition, we are subject to discipline for unethical behavior including loss of license. Here is the public record for my state on this: http://www.vsb.org/site/regulation/d...ystem-actions/

Now I won't argue that my insurance is as expensive as yours. Its not. The reason is that for the most part on my worst day I can do as much harm (or good of course) as a doctor can. We also, on average, don't make remotely as much as you do. There are exceptions, of course.

Last, as much a MD's hate malpractice, that area of the law is nothing more or less than regulating whether the standard of care is observed. Lawyers have zero to do with where that gets set. It is set by you in every day as you practice. And of course in every case it is one of your brethren who must say you deviated from it. Every case must have an expert Dr. who says you did it wrong. Yes there are professional witnesses out there, but let me tell from experience that anyone is has a very large part of their income derived from giving testimony gets raked over the coals for it and loses a great deal of credibility.

Don't get me wrong, I think the out come of that case does sound silly. I'm just trying to persuade you that your ire is misplaced. (How'd I do?) :-)

CardiacCoug 11-10-2008 03:27 AM

Quote:

Originally Posted by UtahDan (Post 292782)
Fellas, you're shooting the messenger. This is an Americans with Disabilities Act case. You can thank congress for that one. If you don't like how a judge is applying that law, or think it is beyond the scope if its intent, you should be calling your congressman. Seriously.

It's not the practicing lawyers I blame as much as the lawyer legislators, lobbyists, and judges for this stuff. You guys protect each other and would just as soon let doctors burn.

For the federal government to require a physician to pay an interpreter $200 in order to see a patient for which the government will reimburse the physician $50 is patently ridiculous.

Cue Mike Waters (if he were still around) saying "Nobody is forcing you guys to accept Medicaid or Medicare patients." My responses:

1. Not true for emergency room patients. We see these patients regardless of insurance status for ethical and legal (EMTALA) reasons.
2. Many specialties (internal medicine subspecialites, for example) have a median patient age of almost 70, making it impossible to avoid the Medicare population.


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