Wednesday, June 2, 2010
When a doctor wants to file for medical malpractice
Here is a link to a very interesting story describing the experience of a practicing plaintiffs' lawyer during an interview with a doctor who wanted to file a claim for medical malpractice. You should read the full story, but the key to the story is that the doctor's expectations about the case were unreasonable and that his understanding of the legal system was faulty. The author concludes: "He [the doctor] was mis-informed. For years and years and years he has been told that all it takes to win a malpractice lawsuit is to claim an injury, file a lawsuit, and a bunch of nincompoops on the jury will give you a check for millions of dollars. He was told that lawyers are greedy bastards, that they will file any lawsuit regardless of merit, and that they can extort money out of people who had done nothing wrong. He believed that because this was so, his case - his meritorious case, the case to right the wrong done to his beloved father - was thus worth millions, because if all those money-grabbing, deadbeat plaintiffs on public assistance can get money for nothing he should get more money for a real loss. He had been mis-informed for so many decades that it was part of his being. I understand his frustration. He doesn't have the time to look at the real data about malpractice cases. He only knows what he is told. And what he has been told is wrong."