Comments on: The AMA on the tort system http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html medical blog Sun, 22 Nov 2009 19:59:44 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66910 Anonymous Fri, 08 Sep 2006 21:01:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66910 OK. Economics 101. Doctors ultimately DO pay the plaintiff's costs when the doctor loses. The lawyers extract their costs, as they should, from the award. Doctors do not bring the suits. <br/><br/>If a suit is nonmeritorious and is lost by the plaintiff, the plaintiff's attorney would be responsible for the legal costs of the other party. They could attempt to recover from the plaintiff if the plaintiff was fraudulent, etc. as per their contigency contract. As you can see, attorneys would only take cases that are clearly meritorious and can be won. OK. Economics 101. Doctors ultimately DO pay the plaintiff’s costs when the doctor loses. The lawyers extract their costs, as they should, from the award. Doctors do not bring the suits.

If a suit is nonmeritorious and is lost by the plaintiff, the plaintiff’s attorney would be responsible for the legal costs of the other party. They could attempt to recover from the plaintiff if the plaintiff was fraudulent, etc. as per their contigency contract. As you can see, attorneys would only take cases that are clearly meritorious and can be won.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66898 Anonymous Fri, 08 Sep 2006 17:57:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66898 Are the physicians really willing to pay the attorney's fee for the plaintiff when they lose? They don't now. <br/><br/>And how exactly are physicians going to collect from a malpractice victim who can't work and will probably be filing bankruptcy on their medical bills if they don't win anyway?<br/><br/>If juries really do make decisions on emotion, and a significant injury is almost a sure winner regardless of negligence as you guys claim, why would you want loser pays? Are the physicians really willing to pay the attorney’s fee for the plaintiff when they lose? They don’t now.

And how exactly are physicians going to collect from a malpractice victim who can’t work and will probably be filing bankruptcy on their medical bills if they don’t win anyway?

If juries really do make decisions on emotion, and a significant injury is almost a sure winner regardless of negligence as you guys claim, why would you want loser pays?

]]> By: Anirban http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66882 Anirban Fri, 08 Sep 2006 08:08:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66882 Although 'worse than child offender' is too strong a word but without a proper loser pays system in place it's gonna be worse. it is hard to believe that no monetory value can be ascribed to a defendent physicians lost time and all that.there are also very few physician countersuits,that has prevailed.So not much hope from the legal system. I just wander what is the message that's going to the next generation of Med-students ? Although ‘worse than child offender’ is too strong a word but without a proper loser pays system in place it’s gonna be worse. it is hard to believe that no monetory value can be ascribed to a defendent physicians lost time and all that.there are also very few physician countersuits,that has prevailed.So not much hope from the legal system. I just wander what is the message that’s going to the next generation of Med-students ?

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66857 Anonymous Thu, 07 Sep 2006 16:55:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66857 More proof to my belief that Plaintiff's attorney's by far do more damage to society then child molestors. (Not that there is any merit to either) It's just unfortunate no jailhouse justice is meted out to the REAL sodomites. More proof to my belief that Plaintiff’s attorney’s by far do more damage to society then child molestors. (Not that there is any merit to either) It’s just unfortunate no jailhouse justice is meted out to the REAL sodomites.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66848 Anonymous Thu, 07 Sep 2006 13:37:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66848 1:02,<br/><br/>"And the number of truly malicious med mal suits is only surpassed in rareness by the number of physicians who have gone broke because of a meritless claim."<br/><br/>Bullshit, you only win a small percentage BECAUSE they had no merit <br/><br/>"If you would submit to a deposition pre-suit, the lawyer wouldn't have to file." <br/><br/>I have been sued 5 times. (All meritlous). In each instance the first I ever heard about the issue was WHEN I WAS HANDED THE LAWSUIT. Once again counselor, you are full of bullshit. 1:02,

“And the number of truly malicious med mal suits is only surpassed in rareness by the number of physicians who have gone broke because of a meritless claim.”

Bullshit, you only win a small percentage BECAUSE they had no merit

“If you would submit to a deposition pre-suit, the lawyer wouldn’t have to file.”

I have been sued 5 times. (All meritlous). In each instance the first I ever heard about the issue was WHEN I WAS HANDED THE LAWSUIT. Once again counselor, you are full of bullshit.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66844 Anonymous Thu, 07 Sep 2006 06:16:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66844 For a look at how one tort lawyer spends the windfall profits harvested from corporations and M.D's alike, look here: http://www.chron.com/disp/story.mpl/front/4163094.html For a look at how one tort lawyer spends the windfall profits harvested from corporations and M.D’s alike, look here: http://www.chron.com/disp/story.mpl/front/4163094.html

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66843 Anonymous Thu, 07 Sep 2006 06:05:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66843 False. The all inclusive "kitchen sink" name-all-physicians-who-have ever-said-boo-to-the-plaintiff theory of lawsuit abuse, or it's sister in pharmaceutical mass tort venue shopping cases where the physician is merely a pawn in a larger game of legal chess is the rule, not the exception. If you haven't worn a white coat, you are not qualified to comment. False. The all inclusive “kitchen sink” name-all-physicians-who-have ever-said-boo-to-the-plaintiff theory of lawsuit abuse, or it’s sister in pharmaceutical mass tort venue shopping cases where the physician is merely a pawn in a larger game of legal chess is the rule, not the exception. If you haven’t worn a white coat, you are not qualified to comment.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66838 Anonymous Thu, 07 Sep 2006 05:02:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66838 "Sure it is rare that a physician recieves a judgement beyond his insurance, but why take the chance. Maybe we would if the playing field were more fair "<br/><br/>The playing field could not be more tilted in favor of the physician against the patient.<br/><br/>"lawyer for malicious, frivolous lawsuits after they have failed. "<br/><br/>If you would submit to a deposition pre-suit, the lawyer wouldn't have to file. But how many of you are willing to talk to your patients, much less a lawyer, about your actions or those of your colleagues. And the number of truly malicious med mal suits is only surpassed in rareness by the number of physicians who have gone broke because of a meritless claim. “Sure it is rare that a physician recieves a judgement beyond his insurance, but why take the chance. Maybe we would if the playing field were more fair “

The playing field could not be more tilted in favor of the physician against the patient.

“lawyer for malicious, frivolous lawsuits after they have failed. “

If you would submit to a deposition pre-suit, the lawyer wouldn’t have to file. But how many of you are willing to talk to your patients, much less a lawyer, about your actions or those of your colleagues. And the number of truly malicious med mal suits is only surpassed in rareness by the number of physicians who have gone broke because of a meritless claim.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66837 Anonymous Thu, 07 Sep 2006 04:46:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66837 Sorry if the truth hurts, but lawyers need to be responsible for suits that are lost or meritless. Pain, suffering, and loss of consortium are indeed evidenced by those being sued, and the losing party needs to pay for all the above damages. I am sure I could find an economist well able to testify on the economic value of the above losses and the future economic losses suffered by being sued wrongfully. Sorry if the truth hurts, but lawyers need to be responsible for suits that are lost or meritless. Pain, suffering, and loss of consortium are indeed evidenced by those being sued, and the losing party needs to pay for all the above damages. I am sure I could find an economist well able to testify on the economic value of the above losses and the future economic losses suffered by being sued wrongfully.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/09/ama-on-tort-system.html/comment-page-1#comment-66836 Anonymous Thu, 07 Sep 2006 04:41:00 +0000 http://clients.emmense.com/kevinmd/2006/09/the-ama-on-the-tort-system.html#comment-66836 My ENT friend who has never had a suit in 12 years was told that his malpracitice insurance would increase 60K/year if he took ER trauma call. Let's see....pay 60K for the priviledge of taking care of intoxicated litiginous assholes at 2am. He said no.<br/><br/>I work in an urban ER trauma center yet we do not have ENT or plastic surgery on call. I don't care if you have the best PPO insurance in the world, if you need those services emergently we transfer you out to the county teaching hospital where students, interns, and first year residents get to hack at your face.<br/><br/>Sure it is rare that a physician recieves a judgement beyond his insurance, but why take the chance. Maybe we would if the playing field were more fair and we could go after the asshole lawyers that bring their frivolous suits. Thaey have made the rules so the bar is low to file med-mal but the bar is much much higher to go after the lawyer for malicious, frivolous lawsuits after they have failed. My ENT friend who has never had a suit in 12 years was told that his malpracitice insurance would increase 60K/year if he took ER trauma call. Let’s see….pay 60K for the priviledge of taking care of intoxicated litiginous assholes at 2am. He said no.

I work in an urban ER trauma center yet we do not have ENT or plastic surgery on call. I don’t care if you have the best PPO insurance in the world, if you need those services emergently we transfer you out to the county teaching hospital where students, interns, and first year residents get to hack at your face.

Sure it is rare that a physician recieves a judgement beyond his insurance, but why take the chance. Maybe we would if the playing field were more fair and we could go after the asshole lawyers that bring their frivolous suits. Thaey have made the rules so the bar is low to file med-mal but the bar is much much higher to go after the lawyer for malicious, frivolous lawsuits after they have failed.

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