A rare case that should never have been brought to trial

June 11, 2006

The physician followed standard of care in this unfortunate, rare case. However, the family felt the need to blame someone, so a lawsuit was brought. Sometimes, unfortunate outcomes happen – and it’s no one’s fault:

He said Humphrey treated Kim appropriately given a history of fibroids, that bleeding can still occur when women are on Depo-Provera and that performing a hysterectomy in the face of a benign pathology is not standard treatment and could have been negligent given the risks. The type of cancer that Kim was ultimately diagnosed with is rare, he said.

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{ 13 comments }

1 Anonymous June 11, 2006 at 12:32 pm

I want the name of the “hired gun” expert witness who testified that the Dr. made a mistake.

This “expert” should be banned from medicine forever. He’s pure scumbag.

2 Samson Isberg June 11, 2006 at 2:36 pm

Remove him and another piece of human debris will take his place. What is needed are judges that will demand strict and documented scientific evidence from expert witnesses, and fine any lawyer that drags substandard expert testimony into court for contempt of said court.

In other words, go after the quality of the testimony and not the quality of the witness

3 Anonymous June 11, 2006 at 3:24 pm

Why do you guys always blame the hired gun? It takes an asshole litigious American to file the suit, without these scums calling themselves “patients”, there would be no frivolous lawsuit…I regret ever having gone into medicine where I am forced to help these asshole son a daily basis…I can’t wait until retirement!

4 Anonymous June 11, 2006 at 4:19 pm

If you want his name, go get the court record and submit a complaint. It’s not that hard.

In fact, if you geniuses want more info, all you have to do is ask (and pay the court reporter for the transcript).

5 Anonymous June 11, 2006 at 4:37 pm

consider yourself retired when you said that 4:24, gone are your days.

Poster grade: fail

Poster Grader

6 Anonymous June 11, 2006 at 4:54 pm

4.24, why are you so worried about litigations? Why dont you spend more time on your work and try to do more about making good in it, maybe you will find contentment. Do not stay in front of your computer, you will stay frustrated. I’m not surprised at all that you have a rage. try to see a shrink.

7 Anonymous June 11, 2006 at 5:46 pm

As a board-certified Ob/Gyn, if the news story is accurate, this Gyn absolutely performed within the standard of care of her profession and thus there was no negligence and this was an appropriate verdict. Hats off to this jury. An example of the system working.

8 Anonymous June 11, 2006 at 8:26 pm

This OB-GYN must be pretty stupid, but for another reason: Anyone who doesn’t figure out during residency that OB-GYn is probably the worst and most lawsuit-prone profession and get the hell out deserves the worst. All the OB-GYn’s should walk , and go into another less risky specialty. ACOG should actually organize a strike. I just don’t understand why so many of them who leave OB-GYN due to the malpractice risk go into Emergency medicine, another risky profession. (There are 2 former OB-GYN’s at my residency, who both left as residents because they got tired being named in lawsuits as residents)

9 Anonymous June 11, 2006 at 9:09 pm

You cant bring a lawsuit to trial unless you have a hired gun expert. Unlike litigious patients, doctors actually have some control over hired guns. STate medical boards and medical associations should start analyzing their testimony, and every time they lie on the stands they should have their board certificaiton and license revoked.

That will get rid of these hired gun scumbags.

10 Anonymous June 11, 2006 at 9:15 pm

Clearly, the key is to keep anyone from ever testifying for a plaintiff. Because doctors are infallible, and even when they aren’t, they shouldn’t have to pay!

Anon 10:09, stop talking tough on the Internet and call up the court and find out who the expert is. Or are you just a talker, not a doer?

11 Anonymous June 12, 2006 at 11:10 am

LMAO LMAO
Sorry I have to laugh when a lawyer (who is nothing but a “talker”) tells a doctor (who are “doers” every day) he is a “talker”. Talk about being utterly clueless.

12 Anonymous June 12, 2006 at 9:49 pm

“Clearly, the key is to keep anyone from ever testifying for a plaintiff.”

No, the key is to make sure that experts are not hired guns who float from case to case, whoring themselves out to the highest bidder.

Do you ever wonder why lawyers pay “experts” 10 times more money per hour than what they would make in clinical practice? Because thats what it takes to bias their testimony in their favor.

There’s something wrong with a system in which a surgeon can make 10 times more money by testifying in court as plaintiffs expert rather than treating patients.

13 Anonymous June 14, 2006 at 5:45 pm

“Do you ever wonder why lawyers pay “experts” 10 times more money per hour than what they would make in clinical practice?”

Because all you allegedly “unbiased” well meaning physicians won’t testify against a colleague no matter how clear the malpractice and if you’re going to be a pariah among your colleagues no matter how truthful your testimony you think you ought to get paid?

By the way, how many experts have you hired?

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