Judge’s Approach to Curbing Malpractice Suits Gets $3 Million

By | June 22, 2010

  • June 22, 2010 at 11:34 am
    djones says:
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    To Mike N,

    Bravo! I totally agree with you. Take a bow.

  • June 22, 2010 at 12:57 pm
    Insurance geek says:
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    Sorry Works programs and legislation has been around for years. The problem is getting hospitals on board. That’s where it all starts. By the time these cases get to the judge, it’s too late in my opinion.

  • June 22, 2010 at 2:06 am
    Mike N says:
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    This is ridiculous. What on earth does “tell me about your loved one” have to do with liability? Nothing. This is merely a sop to trial lawyers. Why is it that hospitals, doctors, and other health providers try to say as little as possible in discovery and in admitting liability, even when clear liability exists? It is beacuse heartless, greedy lawyers, who care not about patients, doctors, hospitals, and society (think John Edwards), instead focus on raking in as much cash as possible, facts be damned.

    I appreciate the perfect example given of the man whose father was paralyzed after he fell onto a sidewalk. There is no way, given the lack of equipment and imaging tools, EMT’s can possibly know the true and absolute extent of that type of injury. They are triage. For a man to sue them for not being able to fully, completely, and accurately identify the absolute nature of such an injury is sickening. If anything, I think the judge should have sent the man packing, with absolutely nothing. Perhaos a strong rebuke and a legal bill to pay.

    Obama acknowledged “defensive medicine is a problem.” At the same time, “limiting jury awards for a victim’s pain and suffering — has mostly been a political nonstarter. Trial lawyers, who give generously to Democrats, are adamantly opposed.”

    These leftists are truly sick pigs. They admit one of the main drivers in healthcare costs is defensive medicine. At the same time, they admit the reason they will do nothing to curb this assault on every single taxpayer in the country, is they prefer the political donations over their oath of office. These leftists should be hung for treason.

    Anyone who votes for these people is truly a sick individual, and shares responsibility for keeping the cost of healthcare out of reach for millions of Americans.

    Why aren’t more people mad about this? Especially since we can all see the recent healthcare legislation was nothing more than a scam. Then again, that is all the democrat party is anyway…one giant, mafia-like scam for trial lawyers, politicians and union thugs. Sick people indeed.

  • June 22, 2010 at 2:36 am
    youngin' says:
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    And you, Mike N, would be wrong.

  • June 22, 2010 at 3:37 am
    T-Ma says:
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    Mike N – you sound like an very angry, unhappy, and bigoted person. Lumping entire groups of people together is something Archie Bunker would have done in the 1970’s. There are plenty of greedy, ignorant, holier-than-thou Republicans out there and thanks to them our economy has all but collapsed. Quit pointing fingers and become part of the solution instead of the problem. I think you are the sick individual here.

  • June 22, 2010 at 3:39 am
    MedMalMan says:
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    I have to agree with youngin’. in Nevada when we went through the med mal crisis of 2002 this was brought to my attention. The studies reveled that the vast majority of med mal cases were filed because the family or victim wanted to see that the doctor was wrong. When the doctor was “allowed” to speak to the victim or family member, explain what happened, and ADMIT fault (legitimate Error or Omission) the cases were dropped or dismissed with settlements MUCH lower than originally sought after.
    The perception of the Doctor is now Human, not Arrogant SOB.

  • June 22, 2010 at 4:03 am
    Nerd of Insurance says:
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    I would like to see some sources of these family members that took the doctor to trial just to get the doctor to admit wrongdoing.

    With my limited understanding of law, saying “I’m sorry” is the same as saying “I am liable for the loss” and saying that in today’s soicty is equal to saying “How much should I write you the check for?”

  • June 22, 2010 at 4:07 am
    T-Ma says:
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    Saying “I’m sorry” is not tantamount to admitting liability. Haven’t you ever been to a funeral when someone says “I’m sorry for your loss”? You can be sorry for something happening without saying you were responsible. You can also admit having a part in the outcome without saying you did something wrong. It’s called having integrity and taking responsibility. Something people don’t know much about these days.

  • June 22, 2010 at 4:24 am
    Nerd of Insurance says:
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    Then why have I been told by all of my insurance companies’ litigation teams “When you have an accident, do NOT say sorry. Just exchange information and let us handle everything else”?

    I think a trial attorney would beg to differ with you that “Saying “I’m sorry” is not tantamount to admitting liability”

    They could come back with “Why did you say you are sorry if you were/ did not feel that you were at fault in some part to the loss?”

  • June 22, 2010 at 4:36 am
    T-Ma says:
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    I think a trial attorney will use everything he can to win his case. But we’re talking about taking steps to avoid the trial attorney altogether. I was a claim manager for 10+ years and can tell you a pro-active “I’m sorry for your …” or “I understand your frustration” goes a long way. Most people get mad because they are ignored and are on the defensive with the insurance carrier. If you can get past that at the very beginning, there is a much better chance of a positive outcome for everyone involved. If someone is bent on suing, they are going to do it no matter what you say. So you might as well man-up and address the situation head-on.

  • June 23, 2010 at 8:05 am
    youngin' says:
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    I am personally glad we have leadership in place right now who seems to view the healthcare challenges wholistically, and prefers to pursue solutions that balance the need for justice with the need for cost control. These rednecks and fat cats who want to impose poorly thought out, black-and-white, one size fits all “solutions” should be run out of town for being intellectually lazy and stupid. Liability caps are one such solution, and I can’t believe there are people who work in the P&C industry who actually believe caps are the magical solution to soaring loss costs.

  • June 23, 2010 at 9:42 am
    T-Ma says:
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    For a young un’ you are pretty smart!



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