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Medical malpractice attorneys...

Discussion in 'General' started by Kris87, Nov 23, 2011.

  1. dsapsis

    dsapsis El Jefe de los Monos

    Yep.

    I did some private consulting work a number of years ago at the behest of a county local fire marshal; he wanted the fire hazard analysis done by the developer checked over before ok'ing the permit. I did a review and report that recommended some changes to the modeling that was done. I think it was about $2k including the field work.

    A number of years later, I get a summons on a class action suit by the HOA. The basis of the suit involved issues associated with street infrastructure and common area landscaping. However, the suit named virtually every party that had anything whatsoever to do with the project, even that which was fundamental to the permitting (like my analysis). It was a PITA getting off the party list, and what struck me as really crap was the basic waste of resources that accompanies the shotgun blast.
     
  2. Mongo

    Mongo Administrator

    Sadly there are a number of lawyers who actively go after handicapped people looking to get them to sue businesses they've never seen or tried to enter merely because the lawyer knows they're not 100% up to ADA codes. I know one guy that absolutely loves messing with the lawyers who contact him.
     
  3. Mongo

    Mongo Administrator

    Sorry to tell you but normal people stress when they're sued. Doesn't matter how innocent of anything they are, it's stressful. It's still a bunch of bullshit you have to go through even though you did nothing wrong or in this case you weren't even close to involved.
     
  4. Dits

    Dits Will shit in your fort.

    Garbage in, garbage out.

    Sometimes you gotta rely on the info your client gives you.
     
  5. Dave K

    Dave K DaveK über alles!

    Truth in, trash out?

    and sometimes they just name everyone, regardless of what the client tells them, hoping that some of the collateral damage will just pony up some cash to settle since it might be cheaper for them than hiring a lawyer.

    Shoot all the lawyers and redistribute their wealth! and yeller ferraris.
     
  6. NickyZ

    NickyZ Well-Known Member

    how do you expect he get your wife's records-walk in the front door of the hospital and ask? The lawyer can only generally get what his or her client tells him/has at this point. The rest is (supposed to be) "discovered" during...the discovery process! Would you be equally pissed at a doctor who did not immediately discover a patient's broken ankle if they complained of chest pains? It was obviously a mistake. They happen.
     
  7. Dits

    Dits Will shit in your fort.

    Very true.
     
  8. Mongo

    Mongo Administrator

    Dunno, seems like some basic research and merely looking at the plaintiffs medical records could have straightened out most if not all of the issues Kris listed.

    Granted - saying all attorneys suck because this chick hired some stupid ones is just silly.
     
  9. Mongo

    Mongo Administrator

    Well in this case, they should have the plaintiffs medical records - which will list the doctors and practices she dealt with.
     
  10. Dits

    Dits Will shit in your fort.

    In a med mal case, you are absolutely right.

    I was speaking generally. Esp..with witness subpoenas.
     
  11. NickyZ

    NickyZ Well-Known Member

    "should" is the operative word there. We represent a few large hospitals in their labor and employment issues. Finding records is an art form in itself.
     
  12. Kris87

    Kris87 Friendly Smartass

    they had her complete history. not exactly sure why they named my wife, maybe because she was one of her radiologists at some point in this whole ordeal. the complaint clearly states she read a report in 2009 that she simply did not. my understanding is the statue of limitations was about to run out, her initial test was nov of 09, we got the papers nov 11, 2011. i obviously dont know the law in any regards there, but it is apparent it was all rushed because of time constraints.
     
  13. SLLaffoon

    SLLaffoon Well-Known Member

    Your analogy make no sense. And isn't the lawsuit because of an alleged mistake too? One of the mistakes costs a lot more than the other. Not sure I want to say much more than that outside of the Dungeon.
     
  14. Kris87

    Kris87 Friendly Smartass

    i know. but its hard not to feel that way. the hardest part is how it affects a physician's way of practicing. you know it makes them practice more defensively. you have that shit hanging over your head all the time, and then you got frivolous shit on top of that. if you're not in medicine or related to anyone in medicine, you probably dont understand that aspect.
     
  15. NickyZ

    NickyZ Well-Known Member

    I see this as one of the hardest parts of practicing medicine. but, I also see the attorneys side representing his client. A quick phone call to the attorney would likely drop your significant other from the suit. The attorney probably will see his mistake/stupidity/potential liability and amend the complaint.
     
  16. Dave K

    Dave K DaveK über alles!

    F@ck that, he could have spent 20 minutes having a paralegal doing research or done it himself. File the complaint with the Bar. Make him suffer for his stupid.
     
  17. blueduc37

    blueduc37 Well-Known Member

    You mean besides raising nutritionally deficient kids? :Poke:
     
  18. Dits

    Dits Will shit in your fort.

    :D
     
  19. dakh

    dakh Well-Known Member

    It's everywhere. If you work in a corp will your boss tell you straight in the eye: you're not going to do well here, move somewhere else or change XYZ. Never. It would be best for the both parties but what really happens is you'll get "managed out" over the years. Without ever knowing what's the issue. Reason? Nobody wants to go to court since employees do sue for BS reasons when they're fired.
     
  20. STT-Rider

    STT-Rider Well-Known Member

    That's what they get paid to do.
     

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