tag:blogger.com,1999:blog-4763742793669917233.post368378107686973237..comments2023-11-17T13:40:41.055-06:00Comments on Torts Blog: US Supreme Court to decide case on sovereign immunity for battery claims by medical personnelProfessor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4763742793669917233.post-18179796537703187442013-01-21T20:25:09.029-06:002013-01-21T20:25:09.029-06:00When I first started practicing, I had to do a res...When I first started practicing, I had to do a response to a motion in limine in an appalling medical malpractice case in which a doctor had negligently perforated a patient's bowel, negligently failed to recognize the perforation, and then repeatedly dissuaded the patient from receiving follow-up care at an ER, including by prescribing excessive amounts of narcotics. The patient died a horrible death by sepsis.<br /><br />The motion in limine was filed by the defense to preclude references to other instances; it seems this doctor had a pattern of making this same horrible mistake, and of discouraging follow-up treatment. <br /><br />I naively asked the lawyer on the case, "why do hospitals still give [the doctor] privileges?"<br /><br />The lawyer responded, without a trace of humor, "They don't. Now [the doctor] is butchering soldiers in a military hospital."<br /><br />As far as I know, the doctor is still out there, butchering soldiers, because there's no incentive to get rid of them.Max Kennerlyhttps://www.blogger.com/profile/13446544488483529770noreply@blogger.com