I have two examples that directly relate to this thread:
My grandmother was killed by a medical mistake made by an intern. The error was 100% preventable, and 100% his fault. Everyone in my family would be a millionaire from the lawsuit right now ? if we had sued. We did not. She was gone and nothing was going to bring her back. My family decided that ruining the life of an intern who was forced to complete a 36 hour shift (my Grandmother was killed in hour 34) was not going to do anyone any good. The error was an honest mistake made by an overtired, under-supervised intern, is that the hospital's fault? Yes, but the fall out would have landed on the intern?s shoulders... and most likely ended his career. My Grandmother is gone, the intern is a Doctor now, and I am not rich ? but my family made the right decision.
I was in a car accident two years ago, 100% not my fault. I was not horribly injured, but I have a permanent back injury. My dog, however, was badly injured and her vet bills ran hundreds of dollars ? legally she was my property, so legally they were responsible for paying every penny of her care. They conveniently had never heard of this law. In the long run it was easier to get her medical coverage paid for than mine.
The other insurance company was horrible to me, every penny I got from them for my injuries and my property damage had to be fought over and it took months to get them to pay for my simple, direct medical bills. They were rude to me and rude to my insurance company ? and I didn't sue. I should have sued the pants off of them. I have a permanent injury which was mishandled by the doctor I saw (who turned out to be a Doc that worked for insurance companies, so made sure there was nothing I could use to support a claim ? like x-rays for example) The list of bullshit I dealt with from them is nothing short of amazing, from trying to give me thousands less than the value of my car (I'm just a dumb girl, so I guess I didn't know any better), to bullying me about what I did immediately following the accident, to telling me that my dog wasn't worth claiming because she was just a dog from the pound so not worth over the $75 I paid to get her. You can BET if I am ever in a car accident again the FIRST thing I am doing is calling a lawyer ? one of the ones that advertises on TV, and I'm going to sue for every penny I think I may ever need in relation to any injuries I sustain or damage to my property. And you know what? I don't feel guilty about it in the least, because the insurance companies are the ones who force people to sue, even when the claim was very fair.
I agree that frivolous lawsuits are a growing problem, but some of these issues are not brought on by the lawyers, they are just the lucky benefactors of people who are tired of dealing with bullshit from insurance companies.
I’m a med student/T-man and I hate lawyers. I have anger management issues toward lawyers. I feel like this is a problem and I need help. Oh wait, I forgot…it’s cool. I just think about my high school classmates who became lawyers and the common denominator: none of them ever got any ass and they were the ones the teacher got to watch the class when she left the room. hahahahaha wankers. I’m just playin, I’m sure there are plenty of good lawyers out there and I look forward to meeting one some day.
Seriously though, HB I think your story about your mom is typical for many docs and it sucks. I hope she was able to fend off the lawyers enough to have time to do her job - helping people. We’re running out of good docs in this country because they’re retiring early due to sky high insurance premiums. Hopefully the pendulum will swing back to the middle after the new tort reform laws and W’s plan to minimize frivolous law suits (I’ll believe that when I see it).
The same shit happens with lawyers and big name supplement companies. I work at a health foods store and the word on the street is that ephedrine is on the way out because the insurance rates are too high for manufacturers. This is, of course, due to lawyers helping douchebags who can’t read a warning label sue for millions.
Weezer, I agree with you about the public (including myself) not getting the whole story much of the time. If you want to read more about the evil empire that is McDonald’s, read Fast Food Nation for shits and giggles.
Uncle Paulie, we need more good peoples like yourself watching our backs. I salute you brotha, KNOCK THE BUMS OUT!!!
In the mickey D’s law suit the girl at the counter accidentally spilled the coffee on to the other person and that’s what cause the 3rd degree burn not the lady suing mickey D’s being careless. I don’t beileve in frivolous lawsuits, but the Mickey D’s coffee spill was not one of them.
On a side not I just recent saw a docmentary on public defenders and one of the public defenders made a great statement. I know will probably loose the case and my guy is probably guilty for doing the crime, but I am not defending the client really. I am just defending his rights that he has. Now if I don’t do that who will. If that happens the the courts will take over system and the ones that maybe truelly innocent may not be protected. I think it was something like that. At least.
Well, I’m one of those lawyers that some of you love to hate. I’m not in private practice, though.
Here’s the problem that I see: No one has yet designed a screening mechanism that eliminates meritless lawsuits without also eliminating some lawsuits with merit. For example, adopting the British system sounds good in principle, but a “loser pays” system means that a middle-class litigant with a legitimate claim may have to wager all of his or her assets in order to pursue it. The fact-finding system is not perfect, and every case has uncertainties. How many legitimate claimants would be deterred by the possibility that if they lost, they would not only not be compensated for a legitimate claim, but also have to pay the other side’s expenses? Quite a few in the moderate income bracket, I would guess.
Show me how to devise a test that actually works, and I would agree with it.