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I have in my hot little hands the latest copy of TRIAL, the ATLA journal. Every month they have a different theme.
Guess what this month's theme is boys and girls?
You guessed it, medical malpractice.
Let me give you a little insight into the latest outrages in this rag:
1) Ad with a picture of an evil surgeon fully scrubbed glaring down at you with an imposing scalpel. This is for the ATLA litigation groups, offering "training" in how to sue doctors for a number of items. This thing is so organized they actually have "advisory groups" officially organized in
birth trauma
breast cancer
gastric bypass
LASIK malpractice
2) Strategy for bringing suits against Ortho Evra birth control patch
3) How to successfully sue hospitals in which an outside contractor committed negligence. Apparently sueing the contractor isnt good enough, the "deep pockets" strategy means you can make a lot more money by artifically tying the hospital to all outcomes committed by subcontractors.
4) Many ads about "legal marketing." This is damning evidence that there are WAYY too many lawyers out there. This is also a warning to future doctors. If we continue to flood the market with dozens of new medical schools, doctors will be forced to use marketing to survive also. It will be a sad, sad day when JAMA is littered iwth marketing firms advertising to docs how to increase their patient base.
5) How to cross examine a defendant doctor. This article includes many examples of "gotcha" courtroom drama that are absolutely irrelevant to determining whether malpractice occurred. Here's one example:
6) How to successfully sue doctors in which the patient refused to follow the doctors' advice, or contributed to their bad outcome (e.g. smoking after being warned to stop and getting lung cancer).
7) HOw to render null and void any informed consent documents. Basically the strategy here is to get your client to say that although he signed the forms, he didnt realy understand it. VOILA! that pesky little thing called consent documents vanish, and you can easily sue the doctor for failure to get informed consent.
8) An article written by an MD,JD (Zev T Gershon, who went straight from med school to law school without completing any internship, residency and now holds himiself up as an expert on brain injury) on how to successfully sue doctors for birth injury. This is really a beauty, because its a classic example of lawyer speaking in double tongue. If a set of birth guidelines set by ACOG or other professional doctors organization fits your case, then use it. If not, then buy an expert who says the guidelines are worthless. Absolutely brilliant.
But the most damning thing in ATLA is not attributable any lawyer. Shocking, right? Well it shouldnt be by now. There are a number of ads in the magazine, but guess which group makes up the largest advertisers?
DOCTORS.
Thats right, DOCTORS are the biggest advertisers in the ATLA journal.
These are what I refer to as "expert witness" ****** who have sold out their profession to enter into these cozy relationships with lawyers on retainer.
Guess how much one of these "experts" can make for 40 hours worth of work? Up to $70,000! Show me one medical specialty which pays anywhere close to 70k per week. Even the stud neurosurgeons in Manhattan dont roll that kind of bank.
Guess what this month's theme is boys and girls?
You guessed it, medical malpractice.
Let me give you a little insight into the latest outrages in this rag:
1) Ad with a picture of an evil surgeon fully scrubbed glaring down at you with an imposing scalpel. This is for the ATLA litigation groups, offering "training" in how to sue doctors for a number of items. This thing is so organized they actually have "advisory groups" officially organized in
birth trauma
breast cancer
gastric bypass
LASIK malpractice
2) Strategy for bringing suits against Ortho Evra birth control patch
3) How to successfully sue hospitals in which an outside contractor committed negligence. Apparently sueing the contractor isnt good enough, the "deep pockets" strategy means you can make a lot more money by artifically tying the hospital to all outcomes committed by subcontractors.
4) Many ads about "legal marketing." This is damning evidence that there are WAYY too many lawyers out there. This is also a warning to future doctors. If we continue to flood the market with dozens of new medical schools, doctors will be forced to use marketing to survive also. It will be a sad, sad day when JAMA is littered iwth marketing firms advertising to docs how to increase their patient base.
5) How to cross examine a defendant doctor. This article includes many examples of "gotcha" courtroom drama that are absolutely irrelevant to determining whether malpractice occurred. Here's one example:
An orthopedic surgeon in one case testified that he had never been in court before. The defense wanted to portray him as a full time treating doctor rather than as a professional witness. Although the surgeon had practiced for many years, the first time he had ever taken the time to come to court was to defeat a patient's claim. He had never been to court to help a patient. This helped illustrate his bias against medical negligence cases
6) How to successfully sue doctors in which the patient refused to follow the doctors' advice, or contributed to their bad outcome (e.g. smoking after being warned to stop and getting lung cancer).
7) HOw to render null and void any informed consent documents. Basically the strategy here is to get your client to say that although he signed the forms, he didnt realy understand it. VOILA! that pesky little thing called consent documents vanish, and you can easily sue the doctor for failure to get informed consent.
8) An article written by an MD,JD (Zev T Gershon, who went straight from med school to law school without completing any internship, residency and now holds himiself up as an expert on brain injury) on how to successfully sue doctors for birth injury. This is really a beauty, because its a classic example of lawyer speaking in double tongue. If a set of birth guidelines set by ACOG or other professional doctors organization fits your case, then use it. If not, then buy an expert who says the guidelines are worthless. Absolutely brilliant.
But the most damning thing in ATLA is not attributable any lawyer. Shocking, right? Well it shouldnt be by now. There are a number of ads in the magazine, but guess which group makes up the largest advertisers?
DOCTORS.
Thats right, DOCTORS are the biggest advertisers in the ATLA journal.
These are what I refer to as "expert witness" ****** who have sold out their profession to enter into these cozy relationships with lawyers on retainer.
Guess how much one of these "experts" can make for 40 hours worth of work? Up to $70,000! Show me one medical specialty which pays anywhere close to 70k per week. Even the stud neurosurgeons in Manhattan dont roll that kind of bank.