Things we're not told as medical students

[cyanide12345678]

Found out that I got named in a law suit. Just happened to be in the wrong place at the wrong time. Did no patient management whatsoever, have literally nothing to do with the case. Just happened to go to the patient room when a over head code blue was called, which was already being run by the primary doctor whose team the patient is admitted to. I did nothing after arrival except leave after 5-10 minutes.

My name just happens to be on the code blue sheet in the "other people present" list.

This is ridiculous how easily someone can get their name involved in a law suit. This is quite literally bullying by lawyers. Now for the rest of my life I have to put this stupid thing in every future potential employment I apply for until I am (hopefully) dismissed. I'm beginning to realize more and more how much it sucks being a doctor.

I wish I was wealthy and had a team of lawyers that could sue the a** of the plaintiff and the lawyer firm for the stress, decrease in future financial prospects, slander of my name, and the cost of my time for going through this ****.

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[swamprat]

Found out that I got named in a law suit. Just happened to be in the wrong place at the wrong time. Did no patient management whatsoever, have literally nothing to do with the case. Just happened to go to the patient room when a over head code blue was called, which was already being run by the primary doctor whose team the patient is admitted to. I did nothing after arrival except leave after 5-10 minutes.

My name just happens to be on the code blue sheet in the "other people present" list.

This is ridiculous how easily someone can get their name involved in a law suit. This is quite literally bullying by lawyers. Now for the rest of my life I have to put this stupid thing in every future potential employment I apply for until I am (hopefully) dismissed. I'm beginning to realize more and more how much it sucks being a doctor.

I wish I was wealthy and had a team of lawyers that could sue the a** of the plaintiff and the lawyer firm for the stress, decrease in future financial prospects, slander of my name, and the cost of my time for going through this ****.

Welcome to the club - I posted about something similar recently while I was a resident. I was breathing the same air that the patient was-named. Try not to stress nothing you can do.

 

[cyanide12345678]

Welcome to the club - I posted about something similar recently while I was a resident. I was breathing the same air that the patient was-named. Try not to stress nothing you can do.

What was the eventual outcome?

There has to be a way to fight back -_- This is ridiculous.

 

[cyanide12345678]

Welcome to the club - I posted about something similar recently while I was a resident. I was breathing the same air that the patient was-named. Try not to stress nothing you can do.

I swear if I had unlimited funds right now I'd hire a team of lawyers just to counter sue the plaintiff and make their life a little stressful like mine -_-

 

[Psai]

I used to wonder why some ppl would walk the wrong way. Not anymore.

 

[GonnaBeADoc2222]

The lawyers have a defined period of time to name whoever they are going to name in a suit and if they don't they lose that opportunity in the future, and they themselves can be sued for malpractice if someone pertinent to the case was missed. Because of this, they will name everyone and then sort it out later and drop people. You will be dropped. Might take 1-2 years. The explanation you have to give in the future shouldn't have to be more than a few sentences.

HUGE annoyance though. Hard not to feel personally violated in these situations.

 

[cyanide12345678]

The lawyers have a defined period of time to name whoever they are going to name in a suit and if they don't they lose that opportunity in the future, and they themselves can be sued for malpractice if someone pertinent to the case was missed. Because of this, they will name everyone and then sort it out later and drop people. You will be dropped. Might take 1-2 years. The explanation you have to give in the future shouldn't have to be more than a few sentences.

HUGE annoyance though. Hard not to feel personally violated in these situations.

Why can't we sue the lawyer for incorrectly suing someone then? Maybe if enough physicians sued back the practice of naming everyone in the chart would stop and they'd do a thorough review and figure out who is liable prior to handing out summons like candy.

 

[cyanide12345678]

HUGE annoyance though. Hard not to feel personally violated in these situations.

There needs to be some repercussions for lawyers for this huge annoyance and stress they can cause. If they're too afraid to miss someone of relevance, we should sue their a** back enough times that they start fearing including someone irrelevant -_-

 

[EctopicFetus]

There needs to be some repercussions for lawyers for this huge annoyance and stress they can cause. If they're too afraid to miss someone of relevance, we should sue their a** back enough times that they start fearing including someone irrelevant -_-

Lawyers make the rules. They own the field, they own the referee, they own the knowledge.

Remember this is their game you are playing not vice versa.

 

[It's lupus!]

You won't be impacted. Lawyers know you've got nothing to offer. You're being named for the sole purpose of having options open legally. You'll be dropped early on, from the reading of done. This is NOT from personal experience or any expertise, but yeah...

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[deleted859535]

Agree with all the above comments.

You were named "just in case." You'll be dropped. No worries.

Huge pain in the ass, but it is what it is. As was said above, it's the lawyer's game. Vote with your feet and stay away from litigious parts of the country to minimize such bull****.

 

[Apollyon]

It costs between 5 and 10 grand to get your name off of there. Hasn't happened to me, but a lawyer told me that.

 

[southerndoc]

I swear if I had unlimited funds right now I'd hire a team of lawyers just to counter sue the plaintiff and make their life a little stressful like mine -_-

www.medicaljustice.com

You can sue the expert witness if he/she provides dubious testimony. You can also file complaints against their society (i.e., AAEM, ACEP, etc.) if what they say about you is totally out of line.

Depending on how your credentialing application or state license application is worded, you may or may not have to divulge this if you are dropped. Some ask for any litigation within the past 2 years, some within 5 years, and some ask if you've ever been named to a lawsuit whether medically related or not. Even if you get dropped, you must still list it. Don't worry about that though. As someone who has been on a credentials committee, nearly every physician has been sued at least once.

I personally have been sued for malpractice after picking up another physician's patient 30 minutes into my shift when she crumped (dropped from the lawsuit after deposition) and in small claims court over somebody's bill (was dropped and patient was ordered to pay entire bill and advised he could not sue the individual doctor but had to sue the company). Unfortunately, I have to list these each time I credential. My state has a designated form for it. My attorney helped draft a response. I simply change the dates of the signatures of the forms and resubmit every 2 years.

What Apollyon says is probably correct. 5-15 grand is probably more like it. However, your malpractice insurer should pay for this. I've personally paid nothing out of pocket for my two lawsuits. They even covered parking.

Sometimes lawyers add additional physicians to increase potential payments. The industry standard $1 mil per occurrence is per physician. So if four physicians were involved in their care, the potential award is $4 mil and not $1 mil. Hospitals frequently carry $5-10 mil per occurrence.

I cannot overstate this: do NOT discuss case specifics in social media or with anyone other than your spouse. What you say can be used against you. The plaintiff will ask you "doctor, have you discussed this case with anyone?" You are allowed to say your wife (it's counseling) and your attorney, but anyone else can be subpoenaed for testimony. This includes your medical director, residency director, etc. If you need to talk to your medical director, residency director, etc. about the case, then have your attorney present for the conversation as it is then protected by the attorney-client priviledge. If asked, you would simply state "I discussed the care with my medical director with my attorney present." They won't ask any further.

I'm sorry you have to join the club, but a large percentage of emergency physicians are sued at some point in their career. I've known very well trained physicians who have been sued multiple times. These are physicians I would let take care of any of my family members because I've seen their work and they're that good. Litigation is an opportunity of having the wrong patient, the wrong communication with the patient (this is most important), and a wrong outcome. Sometimes it's luck of the draw particularly when it's a difficult diagnosis or disposition.

 

[Vandalia]

www.medicaljustice.com

You can sue the expert witness if he/she provides dubious testimony.

I agree with everything said, but I want to make it clear that you can sue your expert witness for malpractice (technically breach of contract), but you cannot sue the plaintiff's expert witness. In a trial, a witness has almost absolute immunity from civil suits, even if they maliciously lie. They can be criminally prosecuted for perjury (although that is unlikely) but they cannot be sued on the basis of their testimony in court.

Well, to be technically correct you can certainly sue an expert witness, you can sue anyone for anything, you just cannot win. Also the standard disclaimer that every state is different applies.

 

[southerndoc]

I agree with everything said, but I want to make it clear that you can sue your expert witness for malpractice (technically breach of contract), but you cannot sue the plaintiff's expert witness. In a trial, a witness has almost absolute immunity from civil suits, even if they maliciously lie. They can be criminally prosecuted for perjury (although that is unlikely) but they cannot be sued on the basis of their testimony in court.

Well, to be technically correct you can certainly sue an expert witness, you can sue anyone for anything, you just cannot win. Also the standard disclaimer that every state is different applies.

That's not true. If you practice in a gross negligence state, and an expert witness says you are grossly negligent but is instead referring to below standard of care, then they are liable. One case was won on this several years ago.

For the most part, many places like the one I quoted earlier intimidate expert witnesses by tying them up in court and exposing their personal flaws.