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	<title>Comments on: 40 percent of malpractice cases are baseless: A lawyer&#8217;s take</title>
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	<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html</link>
	<description>medical blog</description>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63204</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Fri, 19 May 2006 04:01:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63204</guid>
		<description>The lawyers go through with the suits because they know the hosptial/doctor has a big fat insurance policy that will pay for a nice settlement, of which he recieves a BIG chunk...</description>
		<content:encoded><![CDATA[<p>The lawyers go through with the suits because they know the hosptial/doctor has a big fat insurance policy that will pay for a nice settlement, of which he recieves a BIG chunk&#8230;</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63196</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 18 May 2006 22:02:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63196</guid>
		<description>My problem is you assholes who say &quot;Oh, I could sue, but I won&#039;t&quot;...most of the time the alleges malpractice is in your imagination...for example the post in question is a perfect example.  I am sure if he told us about his disability and how the hospital conspired to screw him, he would just display how much of a lunatic he is...&lt;br/&gt;&lt;br/&gt;I am glad he posted here though, it gives us docs a reminder of how crazy you people out there are so we can better protect ourselves through referrals...</description>
		<content:encoded><![CDATA[<p>My problem is you assholes who say &#8220;Oh, I could sue, but I won&#8217;t&#8221;&#8230;most of the time the alleges malpractice is in your imagination&#8230;for example the post in question is a perfect example.  I am sure if he told us about his disability and how the hospital conspired to screw him, he would just display how much of a lunatic he is&#8230;</p>
<p>I am glad he posted here though, it gives us docs a reminder of how crazy you people out there are so we can better protect ourselves through referrals&#8230;</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63182</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 18 May 2006 19:08:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63182</guid>
		<description>Anonymous 7:27 p.m., the person you so rudely dissed said there was permanent damage. Apparently he didn&#039;t sue.&lt;br/&gt;&lt;br/&gt;So what&#039;s your problem? The real jackass here is you.</description>
		<content:encoded><![CDATA[<p>Anonymous 7:27 p.m., the person you so rudely dissed said there was permanent damage. Apparently he didn&#8217;t sue.</p>
<p>So what&#8217;s your problem? The real jackass here is you.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63167</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 18 May 2006 07:34:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63167</guid>
		<description>Some of the lay persons and some doctors may be interested in my take on what my medical record strive to be.&lt;br/&gt;&lt;br/&gt;All of my notes, summaries, and dictations are created with only 2 purposes in mind.  First, to allow me, five or ten years in the future, to recreate my thought process, to facilitate recall, and second, to allow another practitioner to have an overview of the patients care at that instant time.&lt;br/&gt;&lt;br/&gt;Note that it&#039;s only for myself and other potential physicians, not patients.  So I suppose a deposition may be necessary, occasionally, to find out what happened.</description>
		<content:encoded><![CDATA[<p>Some of the lay persons and some doctors may be interested in my take on what my medical record strive to be.</p>
<p>All of my notes, summaries, and dictations are created with only 2 purposes in mind.  First, to allow me, five or ten years in the future, to recreate my thought process, to facilitate recall, and second, to allow another practitioner to have an overview of the patients care at that instant time.</p>
<p>Note that it&#8217;s only for myself and other potential physicians, not patients.  So I suppose a deposition may be necessary, occasionally, to find out what happened.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63164</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 18 May 2006 06:24:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63164</guid>
		<description>our hospital records are transcribed in some Indian sweat shop  They are quite hilarious and entertaining to read. Strange words get inserted out of context and sentence structure is changed to what makes sense to an English larner.  I have no time in hell to proof read and correct them but it might be embarrasing and hilarious if I have to go to court with them.  If patients were curious to read them I am sure they would be like &quot;what the hell?&quot;</description>
		<content:encoded><![CDATA[<p>our hospital records are transcribed in some Indian sweat shop  They are quite hilarious and entertaining to read. Strange words get inserted out of context and sentence structure is changed to what makes sense to an English larner.  I have no time in hell to proof read and correct them but it might be embarrasing and hilarious if I have to go to court with them.  If patients were curious to read them I am sure they would be like &#8220;what the hell?&#8221;</p>
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		<title>By: Anirban</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63163</link>
		<dc:creator>Anirban</dc:creator>
		<pubDate>Thu, 18 May 2006 05:28:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63163</guid>
		<description>Anon 7:27&lt;br/&gt;&lt;br/&gt;See another doctor.Dont feed your current one. That is how market operates.  if he is the only one in your area, speaks of other socioeconomic issues. Take an active participation in changing that. Hopefully things will change for you</description>
		<content:encoded><![CDATA[<p>Anon 7:27</p>
<p>See another doctor.Dont feed your current one. That is how market operates.  if he is the only one in your area, speaks of other socioeconomic issues. Take an active participation in changing that. Hopefully things will change for you</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63150</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 May 2006 23:27:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63150</guid>
		<description>&quot;Considering what this incident cost me&quot;&lt;br/&gt;&lt;br/&gt;Not a lot of sympathy here jackass...</description>
		<content:encoded><![CDATA[<p>&#8220;Considering what this incident cost me&#8221;</p>
<p>Not a lot of sympathy here jackass&#8230;</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63147</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 May 2006 19:55:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63147</guid>
		<description>&quot;Redmond said hospitals support a no-fault system that would compensate injured victims using a schedule of payments based on severity of injury. He expects to soon see a proposal introduced in the state Legislature.&quot;&lt;br/&gt;&lt;br/&gt;Can someone explain to me why the type of injury alone should determine compensation?  As opposed to the nature of the injury and its effect on the injured person&#039;s life?</description>
		<content:encoded><![CDATA[<p>&#8220;Redmond said hospitals support a no-fault system that would compensate injured victims using a schedule of payments based on severity of injury. He expects to soon see a proposal introduced in the state Legislature.&#8221;</p>
<p>Can someone explain to me why the type of injury alone should determine compensation?  As opposed to the nature of the injury and its effect on the injured person&#8217;s life?</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63145</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 May 2006 19:30:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63145</guid>
		<description>Anon 1:54 p.m., you are placing far too much faith in the accuracy and completeness of the medical record. Sometimes stuff doesn&#039;t get documented, usually unintentionally but sometimes on purpose. And most lay people can&#039;t determine malpractice just by inspecting the medical record; they also need to know what the standard of care is supposed to be.&lt;br/&gt;&lt;br/&gt;Several years ago I experienced an adverse event that resulted in permanent damage. It was pretty clear at the time that something had gone awry, but for some reason it was never documented, unfortunately leading the primary care doc to draw some wrong conclusions. The hospital later denied all knowledge of the event, based on the medical record. In a roundabout way I eventually learned that the hospital concluded the medical record had probably been falsified so people&#039;s backsides could be covered, but there was no way of proving it because no one would admit to it.&lt;br/&gt;&lt;br/&gt;I wasn&#039;t interested in suing so I just let it go. Sometimes I think this was a bad decision. Considering what this incident cost me, I had a right to know the truth of what happened. With litigation, the one advantage (if you can call it that) is that it compels the parties involved to speak the truth. Otherwise patients and families simply have no leverage.</description>
		<content:encoded><![CDATA[<p>Anon 1:54 p.m., you are placing far too much faith in the accuracy and completeness of the medical record. Sometimes stuff doesn&#8217;t get documented, usually unintentionally but sometimes on purpose. And most lay people can&#8217;t determine malpractice just by inspecting the medical record; they also need to know what the standard of care is supposed to be.</p>
<p>Several years ago I experienced an adverse event that resulted in permanent damage. It was pretty clear at the time that something had gone awry, but for some reason it was never documented, unfortunately leading the primary care doc to draw some wrong conclusions. The hospital later denied all knowledge of the event, based on the medical record. In a roundabout way I eventually learned that the hospital concluded the medical record had probably been falsified so people&#8217;s backsides could be covered, but there was no way of proving it because no one would admit to it.</p>
<p>I wasn&#8217;t interested in suing so I just let it go. Sometimes I think this was a bad decision. Considering what this incident cost me, I had a right to know the truth of what happened. With litigation, the one advantage (if you can call it that) is that it compels the parties involved to speak the truth. Otherwise patients and families simply have no leverage.</p>
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		<title>By: When doctors clam up,  they don't help themselves</title>
		<link>http://www.kevinmd.com/blog/2006/05/40-percent-of-malpractice-cases-are.html/comment-page-1#comment-63144</link>
		<dc:creator>When doctors clam up,  they don't help themselves</dc:creator>
		<pubDate>Wed, 17 May 2006 19:04:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/05/40-percent-of-malpractice-cases-are-baseless-a-lawyers-take.html#comment-63144</guid>
		<description>How many lawyers would go forward with a lawsuit, &quot;just to find out what happened?&quot;&lt;br/&gt;&lt;br/&gt;As many as think there is suggestion of a cause of action. A lawsuit to get records is sometimes necessary.   Deposing doctors is sometimes part of what&#039;s necessary.  Sometimes filing suit is necessary  to toll the statute of limitations.</description>
		<content:encoded><![CDATA[<p>How many lawyers would go forward with a lawsuit, &#8220;just to find out what happened?&#8221;</p>
<p>As many as think there is suggestion of a cause of action. A lawsuit to get records is sometimes necessary.   Deposing doctors is sometimes part of what&#8217;s necessary.  Sometimes filing suit is necessary  to toll the statute of limitations.</p>
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