Comments on: Are juries getting smarter? http://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html Tue, 14 Feb 2012 17:18:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71259 Anonymous Sat, 03 Feb 2007 06:08:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71259 That's because it is Friday night... That’s because it is Friday night…

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71252 Anonymous Sat, 03 Feb 2007 02:36:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71252 "hear" the crickets. My mistake. “hear” the crickets. My mistake.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71249 Anonymous Sat, 03 Feb 2007 02:18:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71249 "The post didn't speak to the decision on liability at all, only the arbitrary and capricious awards that are based on emotion, sympathy and theatrical lawyering. "<br /><br />Thanks for unwittingly illustrating the point, Matthew! <br /><br />By the way, can you point us to those awards which were "arbitrary and capricious" based on your review of the records?<br /><br />I can already here the crickets! “The post didn’t speak to the decision on liability at all, only the arbitrary and capricious awards that are based on emotion, sympathy and theatrical lawyering. “

Thanks for unwittingly illustrating the point, Matthew!

By the way, can you point us to those awards which were “arbitrary and capricious” based on your review of the records?

I can already here the crickets!

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71248 Anonymous Sat, 03 Feb 2007 02:17:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71248 Hold harmless and indemnification clauses typically shift the burden of defending a claim between two parties that could both potentially be liable to a third party. Hold harmless and indemnification clauses typically shift the burden of defending a claim between two parties that could both potentially be liable to a third party.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71241 Anonymous Sat, 03 Feb 2007 00:06:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71241 >>"Waiving liability for negligence and waiving the right to file a lawsuit are two different things"<br /><br />True, which is why there are "hold harmless and indemnify" clauses. >>”Waiving liability for negligence and waiving the right to file a lawsuit are two different things”

True, which is why there are “hold harmless and indemnify” clauses.

]]> By: Matthewhttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71237 Matthew Fri, 02 Feb 2007 22:57:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71237 You have to admire the brazen ignorance of the original post in the last anon comment. The post didn't speak to the decision on liability at all, only the arbitrary and capricious awards that are based on emotion, sympathy and theatrical lawyering. How does the abbreviation go? RTFP? You have to admire the brazen ignorance of the original post in the last anon comment. The post didn’t speak to the decision on liability at all, only the arbitrary and capricious awards that are based on emotion, sympathy and theatrical lawyering. How does the abbreviation go? RTFP?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71235 Anonymous Fri, 02 Feb 2007 22:40:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71235 You have to admire how arrogant Kevin is to assume that juries who decide against doctors are stupid. You have to admire how arrogant Kevin is to assume that juries who decide against doctors are stupid.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71232 Anonymous Fri, 02 Feb 2007 22:28:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71232 Waiving liability for negligence and waiving the right to file a lawsuit are two different things.<br /><br />I imagine most would agree to arbitration. It's a bad idea though. Are physicians happy to waive the right to file suit and take their cases to a jury in their contracts with medical product providers and health insurers? Waiving liability for negligence and waiving the right to file a lawsuit are two different things.

I imagine most would agree to arbitration. It’s a bad idea though. Are physicians happy to waive the right to file suit and take their cases to a jury in their contracts with medical product providers and health insurers?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71231 Anonymous Fri, 02 Feb 2007 22:23:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71231 The law does allow you to waive the right to litigate, which has become a feature of most commercial transactions memorialized in binding arbitration clauses. The law does allow you to waive the right to litigate, which has become a feature of most commercial transactions memorialized in binding arbitration clauses.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/are-juries-getting-smarter.html#comment-71226 Anonymous Fri, 02 Feb 2007 21:54:00 +0000 http://clients.emmense.com/kevinmd/2007/02/are-juries-getting-smarter.html#comment-71226 The law typically does not allow you to waive negligence. The law typically does not allow you to waive negligence.

]]>