04-03-2008, 07:15 PM | #31 | |
Senior Member
Join Date: Oct 2007
Posts: 1,589
|
Quote:
The pressure to settle NEVER comes from a doctor. Any lawsuit settled makes your malpractice insurance more expensive. The commonest complaint in this arena is that the insurer was not willing to fight your case. Overall, I don't have a problem with reasonable compensation for mistakes. I just want someone knowledgeable to decide if a mistake occurred. How is this different from patent law? |
|
04-03-2008, 07:19 PM | #32 | |
Senior Member
Join Date: Aug 2005
Location: the far corner of my mind
Posts: 8,711
|
Quote:
You should have been a trial lawyer. THis is exactly the sort of emotional approach that results in the so-called outrageous results you so dislike. You know very well that the range of defensive medcine rarely includes a CT and frequently includes other types of screeingin (blood tests, etc) that are not likely to cause rare and deadly carcinomas. Moreover, I expect a doctor to tell me the risks that are known for all treatment. If a docotr believes that a possible test has risks that are equivalent to or greater than the risk of the injury that might be detected, I expect to be told that. Are you suggesting, btw, that the 35 year old with cancer should be able to sue the docotr for that test? Mayeb this would, over time, result in the elimination of dangerous defensive testing?
__________________
Sorry for th e tpyos. |
|
04-03-2008, 07:24 PM | #33 |
Senior Member
Join Date: Aug 2005
Location: the far corner of my mind
Posts: 8,711
|
This is amusing becasue it is so wildly incorrect. DO you think that insurance companies rush to throw money at plaintffs becaseu they are nice guys? The reason carriers beahve this way is becasue if they do not protect doctors (their insureds) they will be sued for bad faith. Indeed, the fact of large bad faith verdicts against carriers that failed to settle within limits when they had a chance to do so is exactly why they choose to settle now. In the case of medmal claims, can you venture a guess who it was that sued the carrier for bad faith? Here is a clue: it wasn't the injured party.
__________________
Sorry for th e tpyos. |
04-03-2008, 07:30 PM | #34 | |
Senior Member
Join Date: Oct 2007
Posts: 1,589
|
Quote:
Yes, I think the doctor should be responsible for causing the thyroid carcinoma. Problem is, that's 30 yrs down the road--he's done practicing by then. What would you do in his place? Need another example? You're 55. You come in with chest pain. It's sharp, lasted only a few minutes, no family history of heart disease. In Indiana, you're discharged, even knowing that there's always a small non-zero chance that you had a heart attack. In Detroit, you're either admitted to the hospital, or more likely, you're watched in the ER for 6-12 hours while serial tests are drawn. No, you don't have a choice, even though the chance this was a heart attack is next to nothing. You want to go home, you sign out against advice (and you'll cover that bill yourself). Wonder why the ER's are overcrowded? I'm just getting started. If you think these are isolated examples, we can keep playing. |
|
04-03-2008, 07:31 PM | #35 |
Demiurge
Join Date: Aug 2005
Posts: 36,365
|
I haven't read this thread, but I will say having talked to a lawyer here in Texas that does occasional med malpractice suits as the plaintiff, that suits in Texas have gone way down since tort reform.
There is a lawsuit in practice that challenges the tort reform. It is brought by the relative of th former Dallas Cowboy who received a kidney from another former Dallas C. and is currently in a coma (?) after a minor surgical procedure. |
04-03-2008, 07:33 PM | #36 | |
Senior Member
Join Date: Oct 2007
Posts: 1,589
|
Quote:
Last edited by ERCougar; 04-03-2008 at 07:36 PM. |
|
04-03-2008, 07:35 PM | #37 | |
Senior Member
Join Date: Jan 2006
Location: Between Iraq and a hard place
Posts: 7,569
|
Quote:
|
|
04-03-2008, 07:36 PM | #38 | |
Senior Member
Join Date: Jan 2006
Location: Between Iraq and a hard place
Posts: 7,569
|
Quote:
|
|
04-03-2008, 07:37 PM | #39 |
Senior Member
Join Date: Oct 2007
Posts: 1,589
|
|
04-03-2008, 07:38 PM | #40 |
Senior Member
Join Date: Jan 2006
Location: Between Iraq and a hard place
Posts: 7,569
|
|
Bookmarks |
|
|