Originally posted by edinOH
If, God forbid, I'm ever in a serious accident and my ankle is destroyed, I'm going to sue the orthopod for $15M if he doesn't put it perfectly back together again. I don't see what the big deal is. After all, orthosurg is so simple really. Take broken bone + nail = good as new. Everybody knows that. I call it Ripa's Triad.
Maybe I'll take one of my wife's nice dinner plates and thow it on the floor. When the ceramic shop isn't able to glue it perfectly back together, I'll demand they buy her a whole new set.
Agreed. As I said above, $15M for a deformed ankle seems excessive. We agree on that 100%. But, my other point is not address by you. You have no basis of any kind (despite the fact that you are a physician) to make a judgement regarding whether malpractice took place in this particular case - nor do I. You have no basis - whatsoever - to determine whether or not the standard of care in this case was complied with, or whether any deviation from that care did or did not lead to the injury complained of.
That's my whole point. I'm not (and have not, and would not presume to) claim(ing) that malpractice took place here, or that the surgeon's care failed to comform with the prevailing standard. For one, we don't have the trial transcrips. We don't have the testimony for the plaintiff's expert. We don't have the testimony for the defense experts. We don't have the medical records. We don't have the police report from the accident. The fact is, we don't have ANY information WHATSOEVER about this incident OTHER than what it written in that article. That being the case, I have no idea how Goober (or you) could possibly come to any conclusion that there was no malpractice here.
So, what is it then, despite knowing absolutely nothing about this particular case other than the statements in the article suggesting that the surgeon set the bones "improperly" leads you and Goober (and I gather, some of the other below you in this thread) to conclude that no malpractice occurred here?
As i said, I agree with you that a reaonable determination could be made that that, perhaps, the award is excessive. The nature of the injury seems evident from the article, and $15M seems like way too much. But, that is an entirely distinct issue from the one concerning whether there was a deviation from the standard of care. And there is NOTHING in the article to suggest that the doctor acted properly. IN fact, what LITTLE there is in the article regarding the standard of care suggests (if it suggests anything at all) that in fact some medical errors took place - as testified to by the medical experts, none of whom are a party to the case. You arguments that these injuries could have resulted from the crash itself are 100% valid. Makes perfect sense to me. But you don't know if the jury considered that and decided to reject it. You don't know whether the plaintiff's experts considered it, and in their professional opinion, determined that the pain was caused by the surgery and not the crash. You just don't know. You have no basis whatsoever to make the conclusion one way or the other other than what is in the article.
So, without knowing anything about the case other than what is printed in the article, I am left once again to wonder what induces in you (and your ilk) this knee-jerk reaction to assume, without any information whatsoever, that the doctor acted properly, despite a jury determining that he did not.
Wouldn't the intellectually honest answer have been something like "geez, this is bull****!!! $15M for a screwed up ankle??!!! That's way too much. I mean, come on, I have no idea if the doctor screwed or not, but even if he did, that's just too much for this sort of injury. As the article suggests, nobody would have dreamed of such a large award. No wonder insurance premiums in Philly are so high."
In any event, I have no idea whether real malpractice took place here. I'm not making a judgment one way or the other. My point throughout the this thread has been to merely rebut your presumption, despite what is written (and not written) in the article that no "serious" malpractice took place. We just don't know.
Don't you see what I'm getting at here. Maybe we could have an intelligent conversation about this.
Judd