Comments on: Health courts help the plaintiffs? http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html medical blog Tue, 24 Nov 2009 19:56:19 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84115 Anonymous Mon, 10 Mar 2008 21:47:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84115 anon 3:37:<br/><br/>I don't care what some slimeball who gets paid for his testimony has to say. What is stunning is that you can trust an opinion that is bought and paid for. Do you even know what bias is? Review the peer reviewed evidence and show me one test that can distinguish CP caused by hypoxic injury related to birth injury from those that aren't. anon 3:37:

I don’t care what some slimeball who gets paid for his testimony has to say. What is stunning is that you can trust an opinion that is bought and paid for. Do you even know what bias is? Review the peer reviewed evidence and show me one test that can distinguish CP caused by hypoxic injury related to birth injury from those that aren’t.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84114 Anonymous Mon, 10 Mar 2008 20:37:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84114 I take it you reviewed the evidence in that case and are in a position to disagree with the Plaintiff's expert?<br/><br/>What's that, you haven't? You've once again reached an opinion without a single fact?<br/><br/>Stunning. I guess if all your opinions are this uninformed you've at least got consistency on your side. I take it you reviewed the evidence in that case and are in a position to disagree with the Plaintiff’s expert?

What’s that, you haven’t? You’ve once again reached an opinion without a single fact?

Stunning. I guess if all your opinions are this uninformed you’ve at least got consistency on your side.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84106 Anonymous Mon, 10 Mar 2008 02:53:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84106 anon 2:14. <br/>Your opinion would be laughable if it hadn't been for one of your brethran who really did win a multi-million dollar case by "speaking" for a fetus. Personally, I hope your aren't a lawyer as you don't know the evidence supporting (or rather not supporting) hypoxic birth injury in clearly the vast majority of CP children, and more importantly medicine/science's inability to distinguish those CP children that MAY have hypoxic injury as a factor from the other CP children. But then again you aren't particularly interested in the truth are you CJD. anon 2:14.
Your opinion would be laughable if it hadn’t been for one of your brethran who really did win a multi-million dollar case by “speaking” for a fetus. Personally, I hope your aren’t a lawyer as you don’t know the evidence supporting (or rather not supporting) hypoxic birth injury in clearly the vast majority of CP children, and more importantly medicine/science’s inability to distinguish those CP children that MAY have hypoxic injury as a factor from the other CP children. But then again you aren’t particularly interested in the truth are you CJD.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84103 Anonymous Sun, 09 Mar 2008 19:14:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84103 "I channeled it."<br/><br/>I hope that's not how you got your medical degree. Actually, I hope you don't have a license to practice medicine as your ability to reach conclusions based on any facts is highly suspect. “I channeled it.”

I hope that’s not how you got your medical degree. Actually, I hope you don’t have a license to practice medicine as your ability to reach conclusions based on any facts is highly suspect.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84102 Anonymous Sun, 09 Mar 2008 17:57:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84102 I channeled it. I channeled it.

]]> By: Supremacy Claus http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84101 Supremacy Claus Sun, 09 Mar 2008 17:56:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84101 Anonymous: You are probably not a lawyer. That is why you do not believe bias lawyers on the bench permit every cockamamie fantasy their pals bring in to court. Why would they do that? Their pals give them campaign contributions. So, when they campaign, they sleep at the Ritz-Carlton and not in the backseat of their car.<br/><br/>Examples of made up legal theories? <br/><br/>1) Thin Skull doctrine. Just made up. "It seemed fair," the land pirate who made it up argued. <br/><br/>2) The contingency fee. Invented as a collection method, not to increase access to the court. <br/><br/>3) Higher risk doctrine. You do not have a cancer. You plunder clinical care because you have an unmeasurable, unseen, non-existent higher chance of cancer. <br/><br/>4) 21 day takes backsies in Rule 11. You filed a frivolous lawsuit? The judge wants to sanction you with double the legal and court costs for your idiocy? No. You have 21 days to take it all back. Just made up by the lawyer. <br/><br/>5) The lawyer has 100's of case law and statutory duties to the other side. He has violated many. Can the judge punish him for breaking the law? No. He has a litigation privilege. The lawyer just made it up. <br/><br/>6) The Establishment Clause forbids supernatural hogwash in the law. So what is at the core of duty in torts? The ability to forecast a rare accident. Future forecasting violates the Establishment Clause. Can anyone move it out of torts? No. A judge just made it up. Anonymous: You are probably not a lawyer. That is why you do not believe bias lawyers on the bench permit every cockamamie fantasy their pals bring in to court. Why would they do that? Their pals give them campaign contributions. So, when they campaign, they sleep at the Ritz-Carlton and not in the backseat of their car.

Examples of made up legal theories?

1) Thin Skull doctrine. Just made up. “It seemed fair,” the land pirate who made it up argued.

2) The contingency fee. Invented as a collection method, not to increase access to the court.

3) Higher risk doctrine. You do not have a cancer. You plunder clinical care because you have an unmeasurable, unseen, non-existent higher chance of cancer.

4) 21 day takes backsies in Rule 11. You filed a frivolous lawsuit? The judge wants to sanction you with double the legal and court costs for your idiocy? No. You have 21 days to take it all back. Just made up by the lawyer.

5) The lawyer has 100’s of case law and statutory duties to the other side. He has violated many. Can the judge punish him for breaking the law? No. He has a litigation privilege. The lawyer just made it up.

6) The Establishment Clause forbids supernatural hogwash in the law. So what is at the core of duty in torts? The ability to forecast a rare accident. Future forecasting violates the Establishment Clause. Can anyone move it out of torts? No. A judge just made it up.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84098 Anonymous Sun, 09 Mar 2008 16:15:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84098 "Especially when they didn't cause the harm, but the trial bar makes up new tort theories."<br/><br/>Malpractice is not a new tort theory, it's older than the Republic. Where'd you get your law degree? “Especially when they didn’t cause the harm, but the trial bar makes up new tort theories.”

Malpractice is not a new tort theory, it’s older than the Republic. Where’d you get your law degree?

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84094 Anonymous Sun, 09 Mar 2008 07:55:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84094 >>They certainly care more than the negligent physicians who will not willingly pay for the harm they cause.<br/><br/>Especially when they didn't cause the harm, but the trial bar makes up new tort theories.<br/><br/>Channeled any babies lately? >>They certainly care more than the negligent physicians who will not willingly pay for the harm they cause.

Especially when they didn’t cause the harm, but the trial bar makes up new tort theories.

Channeled any babies lately?

]]> By: Supremacy Claus http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84087 Supremacy Claus Sat, 08 Mar 2008 16:31:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84087 This is correct. <br/><br/>Other arguments against the bone headed AMA's advocacy of the health court, here: <br/><br/>http://supremacyclaus.blogspot.com/2007/08/problems-with-health-court-proposal.html<br/><br/>And a better remedy for the 75% of cases that are weak and frivolous, torts. Sue the other lawyer for legal malpractice. <br/><br/>http://supremacyclaus.blogspot.com/2007/10/solution-to-medmal-crisis-torts.html<br/><br/>New laws would have to pass to enable this remedy, now impossible, due to the self-dealt immunity from the pals of the land pirates sitting on the bench. This is correct.

Other arguments against the bone headed AMA’s advocacy of the health court, here:

http://supremacyclaus.blogspot.com/2007/08/problems-with-health-court-proposal.html

And a better remedy for the 75% of cases that are weak and frivolous, torts. Sue the other lawyer for legal malpractice.

http://supremacyclaus.blogspot.com/2007/10/solution-to-medmal-crisis-torts.html

New laws would have to pass to enable this remedy, now impossible, due to the self-dealt immunity from the pals of the land pirates sitting on the bench.

]]> By: Anonymous http://www.kevinmd.com/blog/2008/03/health-courts-help-plaintiffs.html/comment-page-1#comment-84081 Anonymous Sat, 08 Mar 2008 14:15:00 +0000 http://clients.emmense.com/kevinmd/2008/03/health-courts-help-the-plaintiffs.html#comment-84081 "You don't think the trial bar cared about the patients do you?"<br/><br/>They certainly care more than the negligent physicians who will not willingly pay for the harm they cause. “You don’t think the trial bar cared about the patients do you?”

They certainly care more than the negligent physicians who will not willingly pay for the harm they cause.

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