Comments on: Naming peripheral medical defendants

By: markm

markm — Wed, 12 Jul 2006 11:50:46 +0000

This would be cured by a proper loser pays rule.

By: Nonsuited

Nonsuited — Tue, 11 Jul 2006 16:02:53 +0000

Like that’s going to happen.

Most politicians get their start as lawyers.

By: Walter E. Wallis

Walter E. Wallis — Tue, 11 Jul 2006 14:00:14 +0000

Fraudulent claims should result in disbarment and financial penalties.

By: Nonsuited

Nonsuited — Tue, 11 Jul 2006 12:57:52 +0000

Excellent point Deoxy.

Who gives a crap about the innocent doctors sucked into these blamegame scams . . . or the money they/their insurance companies spend defending their name/honor?

Never mind that the money ultimately comes out of patients’ pockets.

By: Deoxy

Deoxy — Tue, 11 Jul 2006 10:10:49 +0000

Wow.

Ima Fish just nailed something, just in passing, I think:

“But of course because it hurts both sides, plaintiff and defense attorneys, it’ll never pass.”

“both sides” = “plaintiff and defense ATTORNEYS”

I mean, I knew that (from their perspectiv), and I realize that’s basically how the system works, but it still struck me when it was just tossed in so nonchalantly.

Sad, but true.

By: Ima Fish

Ima Fish — Tue, 11 Jul 2006 08:46:04 +0000

While I’d never argue in favor of adding defendants you know are not responsible, however, in the medical malpractice realm it’s hard to know exactly who did what until the discovery is done. And if any doctor (nurse, etc) is left out, all of the blame from the other defendants are heaped on him or her. And lastly, in my state, there is only a 6 month statute of limitations. Thus, you won’t have time to add defendants later, so you’re forced to add everyone at first.

My state has proposed an interesting solution. Basically it’s mandated arbitration with no attorneys allowed on either side. They’re calling it a no-fault system. But of course because it hurts both sides, plaintiff and defense attorneys, it’ll never pass.

I think medical malpractice is ideally suited for non-jury determinations due to the complexity of the issues. Hopefully the idea won’t go away.