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The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
byAnonymous Coward writes:
In a court of law the question to be asked "Was there a test to determine the problem with my client's husband that would have saved his life if you had done it?" That single question is the reason for all of this, because if the answer is "yes", which is always is even if there were no legitimate reason to run said test, then the doctor is guilty of malpractice. He does that three times, he is no longer a doctor.
Stop blaming the people trying to help you, who have to protect themselves from the lawyers. Blame the root cause.
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bynomadic ( 141991 ) writes:
In a court of law the question to be asked "Was there a test to determine the problem with my client's husband that would have saved his life if you had done it?" That single question is the reason for all of this, because if the answer is "yes", which is always is even if there were no legitimate reason to run said test, then the doctor is guilty of malpractice
That's a complete and utter lie. The question is "is it standard practice in the medical community to run this test when confronted with these s
byAK Marc ( 707885 ) writes:
When in court and in front of a jury, the lawyer for the plaintiff won't be asking whether it was reasonable to have run the test, but whether it was possible to have run it. And the "it isn't standard practice" answer will get "standard practice" assaulted in a court of law (sometimes rightly so, but most often not).
The legal definition of malpractice doesn't count once you get a jury trial. All you need is to convince the jury you were wronged...
byAnonymous Coward writes:
The lawyers are only doing their job. It is the people who SUE that are the real issue.
Like the family of the two men who dressed up on body armour and went on a shooting spree. The family then had the nerve to sue the police because they claimed not enough was done to save one of their lives.
WTF? In a civilized world that family would have received a thorough beating and be made to pay for the sticks used.
Lawyers are the symptom, root out the disease, the people who sue for everything.
bymkiwi ( 585287 ) writes:
Lawyers are part of the disease, too, because there are quite a few "ambulance chasers" who actively seek out people who have no moral values and encourage them to sue, just like you see in the lawyer TV commercials. Don't lawyers also have a moral (and legal) obligation to do due diligence with respect to their clients? And how many of the ambulance chasers do that?
IMHO, Tort Reform is the most difficult issue the USA is facing today, and nothing is getting done about it. Inflation of healthcare costs a
bysjames ( 1099 ) writes:
Exactly. There are a lot of tests for a lot of things. Some of those tests themselves carry risks. It's easy to say with 20/20 hindsight that a particular test could have saved the patient. The hard part to convey in court is that if everyone got that test all the time more would die from the test than would be saved from the disease. It's even harder to convey that giving the patient "one of everything" would cost a million dollars a year.
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