Comments on: A doctor is sued, and blogs his malpractice trial

By: The Trial Of A WhiteCoat - Part 2 « WhiteCoat’s Call Room

The Trial Of A WhiteCoat - Part 2 « WhiteCoat’s Call Room — Thu, 04 Jun 2009 10:48:17 +0000

[...] be of interest to a few. Not the case. The interest in this case has been incredible. Thanks to Kevin MD, Walter Olson at Overlawyered, GruntDoc, Shadowfax, Eric Turkewitz at NY PI Law Blog, Medicine [...]

By: [F-Words] My malpractice is your problem

[F-Words] My malpractice is your problem — Thu, 04 Jun 2009 05:29:31 +0000

[...] ran across a strange comment thread at Kevin, MD’s blog about whether a plaintiff in a medical malpractice case deserves any [...]

By: arf

arf — Wed, 03 Jun 2009 17:45:16 +0000

I say all trials, and all settlements should be public record. No confidentiality.

Well, minors, I’m sure there will still be exceptions.

My opinion and about four bucks gets you a latte these days.

By: GG Freeman

GG Freeman — Wed, 03 Jun 2009 17:28:38 +0000

I also agree that once you file that malpractice lawsuit you are saying two (maybe three) things.

1) I think I was wronged
2) I think I deserve some cash
3) I will fight PUBLICLY for my rights

You can guarantee that the lawsuit will be registered as a complaint against the physician and freely searchable for all to see that it occurred. It should NEVER be allowed for a plaintiff in a malpractice lawsuit to be anonymous for this reason. They have to assume a “profile risk” that is commensurate with the physician’s, in my opinion.

By: KW Esq

KW Esq — Wed, 03 Jun 2009 16:53:04 +0000

Agree w/NYC doc: Once you file a complaint (starting the litigation) it becomes public record and a de facto waiver of confidentiality regarding issues in that case. Therefore, a plaintiff should expect that relevant personal background and information can and will be exposed in a public forum. In a recent case we had TV news cameras in our courtroom so what’s the difference?

By: Dr. Mary Johnson

Dr. Mary Johnson — Wed, 03 Jun 2009 15:24:36 +0000

It’s not such a novel idea, Kevin.

I did not blog about the one time I’ve been sued, but in the wake of what happened to Flea, I also blogged about it (albeit not in excruciating detail) after the case was dismissed (in my favor).

http://drjshousecalls.blogspot.com/2007/05/fear-not-picking-up-gauntlet-in-medical.html

I also say go for it (on my blog this week, I’m acutally lecturing the North Carolina Medical Board about what it’s going to take to generate real debate & discussion on its website)! Truth to power and all that.

Come on down and enjoy the show!

By: nyc doc

nyc doc — Wed, 03 Jun 2009 15:10:49 +0000

How can discussing a closed case [or for that matter, an open case] be unethical?
The patient opened all the secrets before God and man in the trial. The patient made the decision to waive his/her right to confidentiality. The patient decided opening the hidden places was the right thing to do, or the best thing under the circumstances. Ethically [and legally], the doctor is following the patient’s lead.
Genies do not go back into bottles. Secrets cannot be called secret once divulged.