Lawyers: What if they do it to us?

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docB

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It?s been satisfying to our collective revenge fantasies to hear about the physicians denying care to med mal lawyers and their families. However, this course of action begs the question of how we would react if the tables are reversed. Lawyers could refuse to take cases from doctors who need representation for everything from wills to med mal to criminal defense. I would argue that if one supports those docs who deny services one would have to also support a similar action by lawyers.
 
docB said:
It's been satisfying to our collective revenge fantasies to hear about the physicians denying care to med mal lawyers and their families. However, this course of action begs the question of how we would react if the tables are reversed. Lawyers could refuse to take cases from doctors who need representation for everything from wills to med mal to criminal defense. I would argue that if one supports those docs who deny services one would have to also support a similar action by lawyers.
One could be selective about it. If you refuse to treat malpractice plaintiff's attorneys, I think most docs would be fine with never asking for the services of any malpractice plaintiff's attorney. I don't think anybody's recommending refusing to treat all lawyers around here.

As for me, I've got enough lawyers in the extended family that I don't worry. None in malpractice law however, as they'd be quickly disowned by the whole family.
 
Sessamoid said:
One could be selective about it. If you refuse to treat malpractice plaintiff's attorneys, I think most docs would be fine with never asking for the services of any malpractice plaintiff's attorney. I don't think anybody's recommending refusing to treat all lawyers around here.

Is this right? Really? My guess (just a guess) is that doctors are injured by the negligence of other doctors (and by the negligence of regular people) at about the same rate as non-doctors. I have NO reason to believe that these injured physicians (particularly those with injuries that affect their ability to make a living) sue other doctors less (that might suggest a sort of "looking out for each other" mentality that we all know only lawyers have, right?).

Moreover, I suspect it is not the plaintiffs attorneys doctors would miss, but the defense attorneys.

Judd
 
Wont matter at all. If health care is denied, that's unfortunately the end of that. But if no lawyer represents a doctor, how can there possibly be a trial if it requires representation, a lawyer to be present with the client, etc.

In law, you generally need two to tango.
 
Gleevec said:
Wont matter at all. If health care is denied, that's unfortunately the end of that. But if no lawyer represents a doctor, how can there possibly be a trial if it requires representation, a lawyer to be present with the client, etc.

In law, you generally need two to tango.


Not only that, medmal policies generally have a clause that requires either the insurance company settle, or defend. If the company can't find an attorney to defend, they'd have to settle, which then would open them to acting in bad faith tort claims from attornies (like my BiL, who has a great track record of suing insurance companies for malfeasance).
 
So the consensus is that they probably wouldn't be able to retaliate or that it wouldn't matter if they tried. This doesn't address the issure of right and wrong at all. I would say that turnabout is fair play and if they do it we had it coming.
 
docB said:
So the consensus is that they probably wouldn't be able to retaliate or that it wouldn't matter if they tried. This doesn't address the issure of right and wrong at all. I would say that turnabout is fair play and if they do it we had it coming.

Yeah, but they have it coming too.

I mean, its real easy for me to say on an internet messageboard that I wouldnt treat a lawyer or his family. But if I see some lawyer with a gunshot wound or heart attack, humanity is definitely going to take over and I wont be able to resist treating them.

Its just unfortunate that it is this very humanity lacking in most malpractice lawyers that has caused things to get this bad. Because I have no doubt in my mind that if I saved a malpractice lawyer's life, he would probably have no qualms about unjustifiably suing me or some other doctor so he can get new rims for his Benz.
 
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