Sooooo... how does one balance the "they're only human" thing (in terms of medical professionals) with the "their bad medicine cost a person their limb, or vision, or life" thing? What's "fair?" What's "right?" What are our responsibilites in terms of protecting others from another "they're only human" mistake? How much of "death by hospital" is, for instance, the true culprit the system which imposes long hours that deprive one of their best thinking? What if in a private setting, the physician is young and perhaps is "guilty" only of inexperience? It seems a shame to sully a whole career just beginning, but too, isn't there some responsibility to make certain the bad medicine doesn't continue, and precious little assurance that a stern talking to will accomplish that?
id assume that any physician practicing is going to have a few reportable offenses but in comparison with their peers? some people shouldnt be with patients. there are web sites where you can check to see how many malpractice lawsuits have been filed against a particular physician. if the person had a few years on the job and a few reportable incidents id be thinking maybe its more important to worry about the future patients. that said i think its important to note that patients often do not share all of their information with their doctors. many times they are fearful and tell the doctor what they think will minimize the incident. sometimes they will not share the extent of any drug or alcohol useage or give incomplete or inaccurate sexual information or not tell about something that is embarrasing to them.
i would think that on the front inside cover of the patient charts there would be all med allergies as well as any pathology uncovered to date. i would think that would make it easy to check todays issue against previous issues and prescribe or send for testing so if joe the plumber comes in complaining of chest pains one could look quickly at his chart for the most relevant info or if suzy soccer mom came in asking for narcotics knowing that shed been in rehab last month might make the physician pause before writing the prescription. either way it would be careless to not check the chart AND ask the patient if theres anything that might indicate that a particular test or drug should not be used. and yet it doesnt happen that way. im not supposed to take sulfa drugs because i have a bad allergic reaction tho them and i am not supposed to take nsaids because they really upset my stomach and i can tell you that in the last 6 months of dealing with my health crisis i was given both of these prescriptions by multiple doctors and in each case i had to tell them about my problems with the drugs and in one case on a followup visit the same doc prescribed the nsaids again and by that time the pain was so bad and i was tired of the oh take an extra strength tylenol then if you dont want to listen to me deal so i took the damn things and washed them down with otc prilosec. bad doc but also bad patient:) im sure my experience is one that is repeated many times across the country. you have to advocate for yourself but this is often not appreciated and in the end you take the damn drugs and stop talking about the problems with them.
What do you think warrants a malpractice law suit? I mean ... what does it intend to accomplish, in your head? Is it a way to "right" a "wrong?" Is it a way to give greater attention to something people should be more attentive about? If a doctor does something contraindicated and it causes a person's death... what should those surviving that person do, IYO? I fthere's no "satisfaction" to be had from suing a doctor, and no punitive intent, should one simply not do it, even if that doctor's done something terribly terribly wrong?
imo if a physician has done something to a patient that causes harm it needs to be looked at. if in looking at what happened, its determined that the act was done maliciously, for instance, the doctor did not like the patient and therefore gave substandard care or blew them off in any way because of dislike or cut corners knowing that that action was risky or who had any emotional or mental illness that might get in the way of them from taking good care of the patient. or if the doctor acted negligently for instance not taking a careful history, not checking to see if a prescription was contraindicated, not taking action when the patient said the condition was not iimproving or was worsening, allowing an insurance company to determine what tests to run and when to run them, or if the person was allergic to a med and the doctor did not ask before prescribing or if the doctor had not kept current with standards of care and if having done so might have avoided the incident, then i think its reasonable to expect a lawsuit.
if someone dies, money cannot bring them back. for some family members they have not only lost a loved one they have lost a provider. who will care for the children? what might that person have done for their dependents had they lived? im not a scorekeeper when it comes to money. if i were to sue i wouldnt care how much but i would care that they were not allowed to practice again. losing the lawsuit leaves a record and someone who has many of these lawsuits on their record might be someone to avoid if you were to check the physicians out before becoming a patient. at least you keep them from harming anyone else.
btw, i dont know if patient is the correct terminology to use for medical practices"consumer" is the usual term for other areas these days but after my medical ordeal these last months "patient" seems about right.
Sooooo... how does one balance the "they're only human" thing (in terms of medical professionals) with the "their bad medicine cost a person their limb, or vision, or life" thing? What's "fair?" What's "right?" What are our responsibilites in terms of protecting others from another "they're only human" mistake? How much of "death by hospital" is, for instance, the true culprit the system which imposes long hours that deprive one of their best thinking? What if in a private setting, the physician is young and perhaps is "guilty" only of inexperience? It seems a shame to sully a whole career just beginning, but too, isn't there some responsibility to make certain the bad medicine doesn't continue, and precious little assurance that a stern talking to will accomplish that?
yanno, if i wanted a whole bunch bull sh!t i could post on the aol flame boards.
i cannnot speak for everyone, just me, but I have enjoyed posting without anger and personal crap going on.
thank you in advance for taking your crap to the crapper.
__________________
my days left here may not be long, I wouldn't waste my time telling you nothing wrong, love is a flower that needs the sun and the rain, alittle bit of pleasure is worth a whole lot of pain. no pain no gain. betty wright
My apologies to the board for my earlier post that I'm now editing.
simply because you edit, does not mean it ceases to exist.
Member
Posts: 17 Date: Sat Oct 11 5:27 AM, 2008
RE: Litigation
My Turn wrote:
unfortunately, in todays society, many people are revengeful and greedy and have the sense of entitlement to free money that permeats many people...and that greed is further driven by even greedier lawyers. these lawyers know most insurance companies and doctors will just settle the cases due to the cost and time involved in defending a lawsuit and the possible publicity and subsequent damage to the physicans reputation that may result.
Yes, like some idiot who approaches a dog in the dog's home while the dog is protecting a beef jerky. The dog, not knowing the person, bites the hand that he thinks is coming to take his treat away, and that person demands money for rent and cable after waiting 1/2 week to see a doctor.
You're right. It is a litigous (sp??) society. But, don't blame the lawyers for all of it. Blame the low life "friends" you acquaint yourself with who can't hold a job, do stupid things, then expect payment for it.
i will address this at a later time as i am quite busy right now.....
My apologies to the board for my earlier post that I'm now editing.
My Turn seems to enjoy following me around online and reporting back to her friends everything I say. Some days, like this morning, I couldn't resist biting back. She did not disappoint, once again.
I may have meant everything I wrote, but I shouldn't have said it. My personal dislike for My Turn has nothing to do with this message board, or the people on it. I should rise above and keep the two separate from one another.
My Turn wrote: unfortunately, in todays society, many people are revengeful and greedy and have the sense of entitlement to free money that permeats many people...and that greed is further driven by even greedier lawyers. these lawyers know most insurance companies and doctors will just settle the cases due to the cost and time involved in defending a lawsuit and the possible publicity and subsequent damage to the physicans reputation that may result.
yep thats the truth. i was in a car accident a few years back and had that happen with several lawyers i spoke with. i was advised that as long as i asked for less than 30k nobody would fight it. i didnt want to sue i just wanted to be reimbursed for my costs. it took nearly 2 years to get paid back for things and in the end they still owed me for car rentals. it might have been faster if i had sued. the way that i figger it if you sue and win you get something but eventually you have to pay for it in higher costs for insurance not to mention i couldnt be bothered with the paperwork. too many life hours in that ill tell ya.
the one thing that really gets me ticked, are all those class action lawsuits...
i get those in the mail all the time. 99 percent of the time i dont recognize the company and cannot figger out how they got my name to send me this stuff
Psych Lit wrote: imo if a physician has done something to a patient that causes harm it needs to be looked at. if in looking at what happened, its determined that the act was done maliciously, for instance, the doctor did not like the patient and therefore gave substandard care or blew them off in any way because of dislike or cut corners knowing that that action was risky or who had any emotional or mental illness that might get in the way of them from taking good care of the patient. or if the doctor acted negligently for instance not taking a careful history, not checking to see if a prescription was contraindicated, not taking action when the patient said the condition was not iimproving or was worsening, allowing an insurance company to determine what tests to run and when to run them, or if the person was allergic to a med and the doctor did not ask before prescribing or if the doctor had not kept current with standards of care and if having done so might have avoided the incident, then i think its reasonable to expect a lawsuit.
i agree with all these reasons for filing a lawsuit. it is definitely a wonderful tool available when the person is injured or a death has resulted. i also agree, that in the absence of negligence, incompetence, arrogant disregard for the patient, or failure to provide diligent care to the patient due to substance abuse or mental problems, that physicians can make mistakes....hence why it is called the "practice" of medicine....medicine is not an exact science and different people and conditions react to treatment differently. i too, agree with a previous poster that in many cases if a patient is harmed "accidentally", many times a lawsuit can be avoided by the doctor being human enough to admit the mistake and humble enough to sincerely apologize. however, if a physician makes a mistake and then tries to hide it and even worse lies about it, then a lawsuit is probably most definitely called for.
unfortunately, in todays society, many people are revengeful and greedy and have the sense of entitlement to free money that permeats many people...and that greed is further driven by even greedier lawyers. these lawyers know most insurance companies and doctors will just settle the cases due to the cost and time involved in defending a lawsuit and the possible publicity and subsequent damage to the physicans reputation that may result.
the one thing that really gets me ticked, are all those class action lawsuits...the recent one for those who bought the "airborne" product...i mean, they chose to buy something that has no proven effect to prevent the common cold, and yet bought it anyway. consumer choice. the cell phone one where people were supposedly over charged.....again, consumer choice...dont like the fees, choose a different provider. the aol volunteer one....hey! these people signed up to volunteer for the aol community (altho, they may have received free aol service, but i am not sure of that, cause i was not part of it) and then go and get onboard the class action to get paid??? personal choice...they knew they were volunteering their time....the breast implants one....personal choice...they asked for the procedure and then some had subsequent physical problems, which have been now, after ten more years of further study, have not been shown to be the cause.....just a few examples....but the point is most class action lawsuits are just people jumping onto a bandwagon with visions of free money in their heads when there was really no harm done to them and/or the consumer chose to do the action or make the purchase.....the only winners in class action cases are the lawyers....the huge numbers of people who are involved "might" get lucky enough to get a $10 or $15 check in the mail...maybe....
this is a truly lawsuit happy society....lawsuits have their place...just not for every little thing in which people have dancing dollar signs in their eyes.
What do you think warrants a malpractice law suit? I mean ... what does it intend to accomplish, in your head? Is it a way to "right" a "wrong?" Is it a way to give greater attention to something people should be more attentive about? If a doctor does something contraindicated and it causes a person's death... what should those surviving that person do, IYO? I fthere's no "satisfaction" to be had from suing a doctor, and no punitive intent, should one simply not do it, even if that doctor's done something terribly terribly wrong?
imo if a physician has done something to a patient that causes harm it needs to be looked at. if in looking at what happened, its determined that the act was done maliciously, for instance, the doctor did not like the patient and therefore gave substandard care or blew them off in any way because of dislike or cut corners knowing that that action was risky or who had any emotional or mental illness that might get in the way of them from taking good care of the patient. or if the doctor acted negligently for instance not taking a careful history, not checking to see if a prescription was contraindicated, not taking action when the patient said the condition was not iimproving or was worsening, allowing an insurance company to determine what tests to run and when to run them, or if the person was allergic to a med and the doctor did not ask before prescribing or if the doctor had not kept current with standards of care and if having done so might have avoided the incident, then i think its reasonable to expect a lawsuit.
if someone dies, money cannot bring them back. for some family members they have not only lost a loved one they have lost a provider. who will care for the children? what might that person have done for their dependents had they lived? im not a scorekeeper when it comes to money. if i were to sue i wouldnt care how much but i would care that they were not allowed to practice again. losing the lawsuit leaves a record and someone who has many of these lawsuits on their record might be someone to avoid if you were to check the physicians out before becoming a patient. at least you keep them from harming anyone else.
btw, i dont know if patient is the correct terminology to use for medical practices"consumer" is the usual term for other areas these days but after my medical ordeal these last months "patient" seems about right.
What do you think warrants a malpractice law suit? I mean ... what does it intend to accomplish, in your head? Is it a way to "right" a "wrong?" Is it a way to give greater attention to something people should be more attentive about? If a doctor does something contraindicated and it causes a person's death... what should those surviving that person do, IYO? I fthere's no "satisfaction" to be had from suing a doctor, and no punitive intent, should one simply not do it, even if that doctor's done something terribly terribly wrong?
Unfortunately the majority of malpractice suits, as they are designed to, settle. That's what the insurance company, healthcare provider and attorney all bank on. And truth is, with the statute of limitations as they are most decent folks simply don't want to drag those things on forever, regardless of what the harm, or death, the provider caused. The most effective way to handle blatant and repeated provider offenses is to deal directly with disciplinary boards. The AMA, The DPR, local Congressional offices. There is no greater nuisance to a physician than filing a complaint with the state they practice in. Nothing will clear out their waiting room or patient base faster than a DPR or DCF Rep showing up every month unannounced for an inspection. The lawsuits, that settle? They're a piece of cake to them. They have lawyers for that. And, there's only so many times that they can amputate the "wrong" leg before the state has to pull their license. Malpractice, for most folks it sounds like the lottery, cold cash. Not for justice.
If the other party was honestly sorry and the harm was not intentional or neglectful, I probably would not sue. Doctors are human and things sometime go way wrong, his/her attitude would be a big factor with me.
What if they lied to you? What if they flat out told you they'd not perscribed something, and you had the drugstore receipt for it in your hand with their name on it?
What do you think warrants a malpractice law suit? I mean ... what does it intend to accomplish, in your head? Is it a way to "right" a "wrong?" Is it a way to give greater attention to something people should be more attentive about? If a doctor does something contraindicated and it causes a person's death... what should those surviving that person do, IYO? I fthere's no "satisfaction" to be had from suing a doctor, and no punitive intent, should one simply not do it, even if that doctor's done something terribly terribly wrong?
Many years ago I had a friend who sued a big hospital in Oakland, CA. and it was never over money. Although she ended up with 13 million (jury decision) plus care for the remainder of her daughters life.
Faye went to them to request they correct the cause of her daughters brain damage, they would not comply. So she went to a lawyer, who told her unless she ask for punitive damages she could not sue. Soooo she allowed him to ask for care for Jackie and $100,000.
When she testified she told the jury it wasn't about money, it WAS all about assuring no other mother/family ever had to go thru what her, Jackie and Vincent went thru. She told them it was all about the delivery room being equip to handle an emergency.
I think what Faye did was right. I think what the jury was funny as hell.
I don't think I would sue unless it was just down right necessary to correct a preventable wrong or to correct repetitive negligent behavior. There are times when the only way to correct a wrong is to hit 'em in the pocket book. A law suit also brings public attention to a behavior that other wise may not be corrected and may also continue to do harm.
If the other party was honestly sorry and the harm was not intentional or neglectful, I probably would not sue. Doctors are human and things sometime go way wrong, his/her attitude would be a big factor with me.
__________________
my days left here may not be long, I wouldn't waste my time telling you nothing wrong, love is a flower that needs the sun and the rain, alittle bit of pleasure is worth a whole lot of pain. no pain no gain. betty wright
What do you think warrants a malpractice law suit? I mean ... what does it intend to accomplish, in your head? Is it a way to "right" a "wrong?" Is it a way to give greater attention to something people should be more attentive about? If a doctor does something contraindicated and it causes a person's death... what should those surviving that person do, IYO? I fthere's no "satisfaction" to be had from suing a doctor, and no punitive intent, should one simply not do it, even if that doctor's done something terribly terribly wrong?
