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Trial Lawyers at it again-Frivolous Cases and the Need for a 250k Cap

Discussion in 'Pre-Medical - MD' started by JohnHolmes, Apr 18, 2004.

  1. JohnHolmes

    JohnHolmes Large Member
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    This is why I love trial lawyers and you should too! Pennsylvania has no cap, this frivolous case never would have been filed had MICRA laws been in place.

    JH

    Pennsylvania pap smear lawsuit dismissed


    PITTSBURGH, Pennsylvania (AP) -- A judge dismissed a lawsuit that claimed thousands of Pap smears at the University of Pittsburgh's Magee-Womens Hospital were faulty or never reviewed by doctors.

    Judge Robert P. Horgos ruled Thursday the women involved suffered no physical harm, and fear of being at increased risk of serious medical illness isn't enough to warrant recovery of damages.

    "The gist of (the suit) is that a physician's reproduced signature appeared on the Pap smear report when a cytotechnologist actually reviewed the Pap smear," Horgos wrote.

    Cytotechnologists are medical professionals trained to analyze Pap smears. When a cytotechnologist sees a discrepancy, a pathologist is notified, which is accepted practice, said hospital attorney William Pietragallo.

    An attorney for plaintiffs Christine Walter and Sharon King called the ruling "a sad day for women in Pittsburgh."

    The women had accused the hospital of negligence, fraud and unjust enrichment and were also seeking court-ordered testing for an estimated 40,000 women who had Pap smears between 1995 and 2001.
     
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  3. juddson

    juddson 3K Member
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  4. JohnHolmes

    JohnHolmes Large Member
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    Judd, this wouldn't be a malpractice thread without your posts. Welcome to the thread.

    Your link is dead, btw.

    I agree, the system "worked" in the sense it was thrown out. However, you overlooked upon the fact this case was filed in Pennsylvania (one such state that allows frivolous cases to go with little disincentive); the cost of defending them is driving up malpractice cases as well. It is the sheer fact that this case was filed that is cause for concern. The fact the judge threw it out is common sense.

    BTW, I was up at Columbia this weekend and stayed with some law students. Sage is running a class next semester called "Medicine and Law". P&S requires a humanities in medicine credit to graduate at the end of the second year; if I go there, it would be interesting to take this class.

    CCW
     
  5. juddson

    juddson 3K Member
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    Yea, when I was going there I think the P&S students took a medical ethics course at the law school.

    I've been posting that bad link all over the place. here's the good one.

    Will take you a while to get through it. Check out the site as well. Plenty of good stuff there.

    http://www.citizen.org/documents/Briefing_Book.pdf

    Judd
     

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