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found on some random law forum- "I dream of getting one brain damaged baby case all to myself so I can retire to Florida." -steve
An incompetent physician can RUIN a patient's life, or end it. Physicians who harm their patients deserve to lose everything they have, and malpractices lawyers who produce such outcomes provide an invaluable service to the public. Of course, some lawyers abuse the judicial system and try to sue when it is not justified, but their actions don't indict malpractice lawyers as a group. Frankly, the problem has as much to do with widespread physician incompetence as it does with unscrupulous lawyers. Members of the medical community are prone to see doctors as being good and lawyers as being bad, but the truth is that, for every shyster malpractice lawyer out there, there'a a hack doctor who isn't fit to practice.
I am going to give you the benefit of the doubt and assume your faulty beliefs are the result of inexperience and ignorance of the medical environ... where, in reality, you can do everything right and still have bad outcomes, do several things wrong and still have great outcomes, etc. Perhaps you have some medmal folks in your family or social network that entices you to extend unto them an undue civility and sympathy, I don't know... but you are way off base on the relative magnitudes of the respective problems here, bud..........
I'm well aware that you can do everything right and still have bad outcomes. Those acts shouldn't be subject to lawsuits. My perspective is derived from my experience as a patient, not having anyone in my family who tells me what to believe.
An incompetent physician can RUIN a patient's life, or end it. Physicians who harm their patients deserve to lose everything they have, and malpractices lawyers who produce such outcomes provide an invaluable service to the public. Of course, some lawyers abuse the judicial system and try to sue when it is not justified, but their actions don't indict malpractice lawyers as a group. Frankly, the problem has as much to do with widespread physician incompetence as it does with unscrupulous lawyers. Members of the medical community are prone to see doctors as being good and lawyers as being bad, but the truth is that, for every shyster malpractice lawyer out there, there'a a hack doctor who isn't fit to practice.
The lawyer takes 40% of the award. He isn't providing a service. He is robbing everyone blind. There is no moral justification for some blood sucking lawyer to get filthy rich taking an excessive portion of people's awards. They don't even care whether the accused is at fault or not. They'd sell their mothers for more money. Pretending that lawyers help people get justice is considering the ideal which is far from the reality. If they were decent, they would charge a fee for their services. Instead they buy the democrat party so that they can prevent any limitation of their destructive practices on society and theft from the 'injured'. The millions of people harmed by having higher prices for every item and service available in this country due to the lawyers' lawsuits far outweighs the minimal benefit to a few people who are truely, avoidably harmed and get 60% of the compensation they are awarded.
But, having probably already accepted the notion that doctors should work at a loss for the benefit of society, you seem to expect everyone else to do the same.
Actually I think only the American people feel that way.
The size of the lawyer's fee reflects the RISK the he assumes in taking the case. The expense of litigation comes out of his own pocket and if he loses the case, he loses his ass along with it. Most people cannot afford to pay the tens or hundreds of thousands of dollars in legal expenses associated with litigating a case and would never be able to have their day in court if not for an arrangement which makes it potentially profitable for a lawyer to assume the risk of paying those expenses. But, having probably already accepted the notion that doctors should work at a loss for the benefit of society, you seem to expect everyone else to do the same.
it's clear from the posts on SDN that many doctors have also accepted that notion
I agree that many successful malpractice suits aren't merituous, and that the lawyers who litigate those cases are thieves. That is a problem of the judicial system, not an indictment of lawyers qua lawyers. Malpractice law is not an intrinsically evil profession, nor is there anything wrong with contingency fees.
It isn't intrinsically evil. It IS evil in practice, and the practitioners are parasites. There is something wrong with contingency fees because they aren't used to allow people to receive a service they would not otherwise receive. They are used to charge a fee that is far beyond what the service is worth. It's not as if the lawyer is risking all that much by dedicating so much time and resources to the case. They mostly do next to nothing, get a settlement, and steal half.
"The threat of exorbitant claims, made in a context of judges' excessive deference to juries ruling randomly -- in ways no reasonable person could anticipate -- turns tort law into a tool of extortion." George Will
Your logic can be reduced to the following: "I'm a doctor, and since malpractice lawyers sue doctors, malpractice lawyers are evil. Furthermore, I resent the fact that lawyers make a lot of money. Waaaaaaaah!"
malpractices lawyers who produce such outcomes provide an invaluable service to the public.
I never can understand why physicians don't start their own insurance company.
No big surprise here, but I'll agree with everyone else here who isn't on the lawyer's side. It's the same thing with someone falsely accused of rape or an MD who gets sued for pretty much no reason. Even if the rape charges are dropped, that person is still thought of as a rapist by society. You can't do anything to restore his image; likewise, MDs are forced to settle out of court on bullcrap charges becuse it is just too risky to take it to court.One example: I'm studying post-graduate pharmacy and one of my professors helped write a big meta-analysis on the drug Bendectin, showing that it doesn't cause birth defects. But because of litigation, pregnant women in the US can't get this drug, so in the US there's a higher rate of pregnant women with hyperemesis gravidum having to be admitted to hospital than in countries where women can get this drug (now called Diclectin).
Literally saw a shirt on a UMiami law student that said "Making Doctors pay for the last 25 years" just felt like sharing....what a mentality.
I've decided to go to law school over any healthcare field because I've pretty much had it with the bullcrap stemming from academia; specifically the idealist and arrogant attitudes stemming from faculty. I've come to realize that the majority of professors have no market value outside of academia, they hold themselves in super high regards despite nobody outside of academia having any need for them, and they come off as arrogant, clueless-about-the-real-world people in general. If medical schools actually cared about fulfilling the primary practitioner shortage they'd focus on expanding class sizes, allowing for people who don't spend every minute of their time volunteering and studying, and cut out the unneeded crap from the curriculum. Instead they shame people into their schools just to line the administrative staffs' pockets with inflated tuition figures. Idealists like Goro piss me off, and I will pledge myself to going after these crooked institutions and the hacks who run them.