Comments on: A surgeon goes bare and is "judgment proof" http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html medical blog Sun, 22 Nov 2009 19:59:44 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Mike http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78158 Mike Wed, 25 Jul 2007 01:22:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78158 Anon 6:01... malpractice is not a capital crime! Its a decision about medical standard of care. A bidy of experts hired by the state to decide such matters, with specialized judges who understand medical concepts, makes mores ense than getting dueling "experts" paid for by each isde to confuse juries who learn medicine from watching "House" and "ER"<br/><br/>Forensic evidence presented by cops and scientists and explanation of comon sense issues about "alibis" and "motives" at murder trials have nothing to do with this and you should know that, thus your analogy is false. Anon 6:01… malpractice is not a capital crime! Its a decision about medical standard of care. A bidy of experts hired by the state to decide such matters, with specialized judges who understand medical concepts, makes mores ense than getting dueling “experts” paid for by each isde to confuse juries who learn medicine from watching “House” and “ER”

Forensic evidence presented by cops and scientists and explanation of comon sense issues about “alibis” and “motives” at murder trials have nothing to do with this and you should know that, thus your analogy is false.

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78113 Anonymous Tue, 24 Jul 2007 13:50:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78113 Actually, attorneys find merit in those cases all the time. There's just no sense spending the attorney's money or wasting the client's time. Actually, attorneys find merit in those cases all the time. There’s just no sense spending the attorney’s money or wasting the client’s time.

]]> By: Stephen Segall http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78085 Stephen Segall Mon, 23 Jul 2007 20:34:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78085 No attorney has ever found merit in a claim against an uninsured doc with no readily accessible assets No attorney has ever found merit in a claim against an uninsured doc with no readily accessible assets

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78076 Anonymous Mon, 23 Jul 2007 17:26:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78076 "Even though this surgeon has shielded his assets, i.e. put them all in his wife's name, in his position I'd be worried about my wages being garnished till retirement to pay this plaintiff. "<br/><br/>I'd worry more about my wife. <br/><br/>As for culling the flow, how do you know they lacked merit? Quite simply, they don't. Although I don't think he should be required to carry insurance, he should have to clearly disclose to his patients that he does not. “Even though this surgeon has shielded his assets, i.e. put them all in his wife’s name, in his position I’d be worried about my wages being garnished till retirement to pay this plaintiff. “

I’d worry more about my wife.

As for culling the flow, how do you know they lacked merit? Quite simply, they don’t. Although I don’t think he should be required to carry insurance, he should have to clearly disclose to his patients that he does not.

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78075 Anonymous Mon, 23 Jul 2007 17:25:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78075 "I think Mike was saying that laypeople have no business deciding what is malpractice and what is a complication, only because they don't have the years of medical training required to understand the complexities of the human body."<br/><br/>Which is silly, unless we're going to give special courts where the practitioners judge themselves to a whole host of cases, from construction to insurance law. “I think Mike was saying that laypeople have no business deciding what is malpractice and what is a complication, only because they don’t have the years of medical training required to understand the complexities of the human body.”

Which is silly, unless we’re going to give special courts where the practitioners judge themselves to a whole host of cases, from construction to insurance law.

]]> By: Petri http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78068 Petri Mon, 23 Jul 2007 14:31:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78068 I don't think it's unreasonable that he doesn't have insurance. It's his choice and it seems to cull the flow of unmerited lawsuits. If this guy really thinks the man screwed up, which it sounds like he didn't, then he should persevere with the suit. There's someone out there willing to take it up, he'll just have to pay out of pocket.<br/><br/>Even though this surgeon has shielded his assets, i.e. put them all in his wife's name, in his position I'd be worried about my wages being garnished till retirement to pay this plaintiff. <br/><br/>I can understand why these gastric bypasses are a high litigation risk though. Alot of people that have them done have ridiculous expectations to begin with and have a need for instant gratification. No wonder they can't handle the risks and realities of surgery. I don’t think it’s unreasonable that he doesn’t have insurance. It’s his choice and it seems to cull the flow of unmerited lawsuits. If this guy really thinks the man screwed up, which it sounds like he didn’t, then he should persevere with the suit. There’s someone out there willing to take it up, he’ll just have to pay out of pocket.

Even though this surgeon has shielded his assets, i.e. put them all in his wife’s name, in his position I’d be worried about my wages being garnished till retirement to pay this plaintiff.

I can understand why these gastric bypasses are a high litigation risk though. Alot of people that have them done have ridiculous expectations to begin with and have a need for instant gratification. No wonder they can’t handle the risks and realities of surgery.

]]> By: John http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78066 John Mon, 23 Jul 2007 13:39:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78066 --Anon 6:01,<br/><br/>I think Mike was saying that laypeople have no business deciding what is malpractice and what is a complication, only because they don't have the years of medical training required to understand the complexities of the human body. <br/><br/>I don't maybe he's full of crap and everyone should be able to practice medicine regardless of education. –Anon 6:01,

I think Mike was saying that laypeople have no business deciding what is malpractice and what is a complication, only because they don’t have the years of medical training required to understand the complexities of the human body.

I don’t maybe he’s full of crap and everyone should be able to practice medicine regardless of education.

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78063 Anonymous Mon, 23 Jul 2007 11:01:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78063 Mike, I guess in your way of thinking the guy accused of murder should only have a jury made up of all murderers? After all, aren't they the only one's who know his way of thinking and how easy it is to become one? its comical that you think everyone going to trial should only have juries made up of like minded people. Mike, I guess in your way of thinking the guy accused of murder should only have a jury made up of all murderers? After all, aren’t they the only one’s who know his way of thinking and how easy it is to become one? its comical that you think everyone going to trial should only have juries made up of like minded people.

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78058 Anonymous Mon, 23 Jul 2007 03:16:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78058 Only one state - Oregon - requires lawyers to carry malpractice insurance.<br/><br/>The California Bar tried to require its members to disclose to clients whether or not they carry malpractice insurance. Seems the membership is strongly against the proposal.<br/><br/>http://tinyurl.com/2bs7ph Only one state – Oregon – requires lawyers to carry malpractice insurance.

The California Bar tried to require its members to disclose to clients whether or not they carry malpractice insurance. Seems the membership is strongly against the proposal.

http://tinyurl.com/2bs7ph

]]> By: Anonymous http://www.kevinmd.com/blog/2007/07/surgeon-goes-bare-and-is-judgment-proof.html/comment-page-1#comment-78057 Anonymous Mon, 23 Jul 2007 02:52:00 +0000 http://clients.emmense.com/kevinmd/2007/07/a-surgeon-goes-bare-and-is-judgment-proof.html#comment-78057 Obviously a poor outcome is going to be a requisite for malpractice - otherwise you can't make the damages requirement.<br/><br/>As for Anonymous 7:38, do you believe this man is incapable of committing malpractice? If not, do you think if he does commit malpractice, he should pay the medical bills to fix the error? The person's lost wages? Since you seem outraged that it's about the money, how would you propose the victim pay for things like their mortgage? Apples? Obviously a poor outcome is going to be a requisite for malpractice – otherwise you can’t make the damages requirement.

As for Anonymous 7:38, do you believe this man is incapable of committing malpractice? If not, do you think if he does commit malpractice, he should pay the medical bills to fix the error? The person’s lost wages? Since you seem outraged that it’s about the money, how would you propose the victim pay for things like their mortgage? Apples?

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