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	<title>Comments on: How doctors should deal with an aggressive prosecutor</title>
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		<title>By: Supremacy Claus</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88185</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Sun, 16 Nov 2008 15:34:00 +0000</pubDate>
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		<description>Anonymous: English belongs to us, not to the lawyer. I easily understood Kevin&#039;s term. I suggest the terms prosecutor and plaintiff lawyer get consolidated into one word, persecutor. Both areas of the law are in total failure, save for lawyer rent seeking, a roaring success.&lt;br/&gt;&lt;br/&gt;As docs would advise patients to take some responsibility for their health, so should defendants actively learn and do as much for themselves in a case. Imagine telling a diabetic, doc will do everything for you, you relax.&lt;br/&gt;&lt;br/&gt;Here is why, the irremediable conflict of interest in both professions. Doc income drops with greater health. The defense lawyer&#039;s job comes not from the client, but from the shenanigans of the plaintiff lawyer. Fire the defense lawyer, he gets another client in a minute. Deter, intimidate, and drive out one plaintiff lawyer, and hundreds of cases never take place. Resisting, going to trial, counter-attacking are painful investments in prevetion of future litigation. &lt;br/&gt;&lt;br/&gt;The Supremacy went a step further, and countersued the persecutor. For five years, at every unrelated deposition, the lawyer would say, &quot;You sued a lawyer, I can&#039;t believe that.&quot; They learn. &lt;br/&gt;&lt;br/&gt;Because 80% of medmal cases are weak, it is almost a duty of the innocent doctor to attack the plaintiff lawyer by every legal means available, to improve the quality of lawyering.&lt;br/&gt;I love the rule of law, the law, and the lawyer. This correction suggestion expresses real love.</description>
		<content:encoded><![CDATA[<p>Anonymous: English belongs to us, not to the lawyer. I easily understood Kevin&#8217;s term. I suggest the terms prosecutor and plaintiff lawyer get consolidated into one word, persecutor. Both areas of the law are in total failure, save for lawyer rent seeking, a roaring success.</p>
<p>As docs would advise patients to take some responsibility for their health, so should defendants actively learn and do as much for themselves in a case. Imagine telling a diabetic, doc will do everything for you, you relax.</p>
<p>Here is why, the irremediable conflict of interest in both professions. Doc income drops with greater health. The defense lawyer&#8217;s job comes not from the client, but from the shenanigans of the plaintiff lawyer. Fire the defense lawyer, he gets another client in a minute. Deter, intimidate, and drive out one plaintiff lawyer, and hundreds of cases never take place. Resisting, going to trial, counter-attacking are painful investments in prevetion of future litigation. </p>
<p>The Supremacy went a step further, and countersued the persecutor. For five years, at every unrelated deposition, the lawyer would say, &#8220;You sued a lawyer, I can&#8217;t believe that.&#8221; They learn. </p>
<p>Because 80% of medmal cases are weak, it is almost a duty of the innocent doctor to attack the plaintiff lawyer by every legal means available, to improve the quality of lawyering.<br />I love the rule of law, the law, and the lawyer. This correction suggestion expresses real love.</p>
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		<title>By: DR. MARY JOHNSON</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88146</link>
		<dc:creator>DR. MARY JOHNSON</dc:creator>
		<pubDate>Fri, 14 Nov 2008 16:48:00 +0000</pubDate>
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		<description>Supremacy Claus, a previous comment attempt on my part apparently dropped, but your first comment so turned me on!&lt;br/&gt;&lt;br/&gt;Anon 10:28, begging to differ, I think physicians are very clued in:&lt;br/&gt;&lt;br/&gt;Plaintiffs attorneys can sure make a doctor feel like he/she is being prosecuted.&lt;br/&gt;&lt;br/&gt;And OBTW, I listened to attorneys once.  Every single one of them (including my own) lied (and the NC State Bar, resting on those Nifong laurels, has yet to do anything about it).  &lt;br/&gt;&lt;br/&gt;I would have been better off listening to my family members about that pain in my butt.</description>
		<content:encoded><![CDATA[<p>Supremacy Claus, a previous comment attempt on my part apparently dropped, but your first comment so turned me on!</p>
<p>Anon 10:28, begging to differ, I think physicians are very clued in:</p>
<p>Plaintiffs attorneys can sure make a doctor feel like he/she is being prosecuted.</p>
<p>And OBTW, I listened to attorneys once.  Every single one of them (including my own) lied (and the NC State Bar, resting on those Nifong laurels, has yet to do anything about it).  </p>
<p>I would have been better off listening to my family members about that pain in my butt.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88145</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Fri, 14 Nov 2008 15:28:00 +0000</pubDate>
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		<description>Kevin,&lt;br/&gt;&lt;br/&gt;The term prosecutor typically describes the attorney for the state in a criminal matter.  This is Exhibit No 1001 of physicians not having a clue what they&#039;re talking about when they discuss legal matters.  Although that never seems to stop them from pontificating on them.&lt;br/&gt;&lt;br/&gt;The advice you need to follow in this situation is whatever your attorney tells you.  Otherwise it&#039;s like listening to your mother in law about that pain in your stomach instead of your physician.</description>
		<content:encoded><![CDATA[<p>Kevin,</p>
<p>The term prosecutor typically describes the attorney for the state in a criminal matter.  This is Exhibit No 1001 of physicians not having a clue what they&#8217;re talking about when they discuss legal matters.  Although that never seems to stop them from pontificating on them.</p>
<p>The advice you need to follow in this situation is whatever your attorney tells you.  Otherwise it&#8217;s like listening to your mother in law about that pain in your stomach instead of your physician.</p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88141</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Fri, 14 Nov 2008 13:56:00 +0000</pubDate>
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		<description>This is a good article on deposition preparation that addresses the proper attitude and coping mechanisms of the defendant. It  applies to trial. &lt;br/&gt;&lt;br/&gt;http://forthedefense.org/CD/Public/FTD/2006/July/2006%20July%20FTD%20-%20Simply%20Positive%20-%20Preparing%20Witnesses%20for%20Deposition.pdf&lt;br/&gt;&lt;br/&gt;It comes from an excellent defense site that should be rummaged for other advice. &lt;br/&gt;&lt;br/&gt;http://forthedefense.org/</description>
		<content:encoded><![CDATA[<p>This is a good article on deposition preparation that addresses the proper attitude and coping mechanisms of the defendant. It  applies to trial. </p>
<p><a href="http://forthedefense.org/CD/Public/FTD/2006/July/2006%20July%20FTD%20-%20Simply%20Positive%20-%20Preparing%20Witnesses%20for%20Deposition.pdf" rel="nofollow">http://forthedefense.org/CD/Public/FTD/2006/July/2006%20July%20FTD%20-%20Simply%20Positive%20-%20Preparing%20Witnesses%20for%20Deposition.pdf</a></p>
<p>It comes from an excellent defense site that should be rummaged for other advice. </p>
<p><a href="http://forthedefense.org/" rel="nofollow">http://forthedefense.org/</a></p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88134</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Fri, 14 Nov 2008 01:17:00 +0000</pubDate>
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		<description>I agree with the attorney&#039;s advice. The judge will chastise the plaintiff lawyer. The jury which has no idea what is going on, nor what anyone is talking about, will take that judge remark as a signal on which side to support. &lt;br/&gt;&lt;br/&gt;However, behind the scenes, is another story. &lt;br/&gt;&lt;br/&gt;The doctor should file ethics complaints, citing the Rule of Conduct being violated. Pick one sentence at a time, and file a separate complaint for each utterance, once a month. Drag it out for years. &lt;br/&gt;&lt;br/&gt;Ask the judge to sanction the lawyer in a private letter, at each offense. &lt;br/&gt;&lt;br/&gt;The defense lawyer will never attack the offensive lawyer. The latter gave the defense lawyer his job. The client can be replaced in a minute. Destroy and deter a plaintiff lawyer, and the job of the defense lawyer is ruined. &lt;br/&gt;&lt;br/&gt;However, threaten to fire and sue the defense lawyer for legal malpractice if he fails to demand a mistrial, and all costs from the personal assets of the plaintiff lawyer or lying plaintiff expert witness. &lt;br/&gt;&lt;br/&gt;Under no circumstances should the plaintiff lawyer get a minute&#039;s rest from uncertainty about his personal future. If the land pirate carries 10 cases a year, and every doctor adopts this tactic, medmal becomes a hell on earth business. The same goes for the lying expert witness. Make him hire a lawyer to defend dozens of ethics and legal charges, seeking the entirety of his personal assets.</description>
		<content:encoded><![CDATA[<p>I agree with the attorney&#8217;s advice. The judge will chastise the plaintiff lawyer. The jury which has no idea what is going on, nor what anyone is talking about, will take that judge remark as a signal on which side to support. </p>
<p>However, behind the scenes, is another story. </p>
<p>The doctor should file ethics complaints, citing the Rule of Conduct being violated. Pick one sentence at a time, and file a separate complaint for each utterance, once a month. Drag it out for years. </p>
<p>Ask the judge to sanction the lawyer in a private letter, at each offense. </p>
<p>The defense lawyer will never attack the offensive lawyer. The latter gave the defense lawyer his job. The client can be replaced in a minute. Destroy and deter a plaintiff lawyer, and the job of the defense lawyer is ruined. </p>
<p>However, threaten to fire and sue the defense lawyer for legal malpractice if he fails to demand a mistrial, and all costs from the personal assets of the plaintiff lawyer or lying plaintiff expert witness. </p>
<p>Under no circumstances should the plaintiff lawyer get a minute&#8217;s rest from uncertainty about his personal future. If the land pirate carries 10 cases a year, and every doctor adopts this tactic, medmal becomes a hell on earth business. The same goes for the lying expert witness. Make him hire a lawyer to defend dozens of ethics and legal charges, seeking the entirety of his personal assets.</p>
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		<title>By: DR. MARY JOHNSON</title>
		<link>http://www.kevinmd.com/blog/2008/11/how-doctors-should-deal-with-aggressive.html/comment-page-1#comment-88132</link>
		<dc:creator>DR. MARY JOHNSON</dc:creator>
		<pubDate>Fri, 14 Nov 2008 00:44:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/11/how-doctors-should-deal-with-an-aggressive-prosecutor.html#comment-88132</guid>
		<description>Once, while testifying in a child abuse case, a defense attorney dismissively called me &quot;Ms. Johnson&quot; as opposed to &quot;Dr. Johnson&quot;.&lt;br/&gt;&lt;br/&gt;I did not have to say/do anything.&lt;br/&gt;&lt;br/&gt;The female judge was NOT amused.&lt;br/&gt;&lt;br/&gt;And I agree with Ronald Miller.  It is best to be short and sweet in one&#039;s answers - and not lose one&#039;s temper.</description>
		<content:encoded><![CDATA[<p>Once, while testifying in a child abuse case, a defense attorney dismissively called me &#8220;Ms. Johnson&#8221; as opposed to &#8220;Dr. Johnson&#8221;.</p>
<p>I did not have to say/do anything.</p>
<p>The female judge was NOT amused.</p>
<p>And I agree with Ronald Miller.  It is best to be short and sweet in one&#8217;s answers &#8211; and not lose one&#8217;s temper.</p>
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