Why is it that when lawyers screw up and commit malpractice, | TigerDroppings.com

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MichiganTiger
LSU Fan
Where Global Warming is Welcomed!
Member since Dec 2004
7127 posts

Why is it that when lawyers screw up and commit malpractice,



they don't get sued? Seriously, if a lawyer screws up and misses a filing date...or screws up and gets a judge to hear a case instead of a group of gullible 'peers,' or fails to do the proper discovery and misses a key bit of information that would have prevented their client from a) being locked away for ever b) put to death....why is it that this shite can happen, and lawyers don't get sued?

They might find themselves wishing for some tort reform if they found themselves in the crosshairs.







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Bard
LA-Monroe Fan
BR
Member since Oct 2008
16636 posts

re: Why is it that when lawyers screw up and commit malpractice,


I've always thought a good tort reform would be to fine lawyers for bringing shoddy cases to court (ie: the hot McDonald's coffee case).





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thetempleowl
Temple Fan
dallas, tx
Member since Jul 2008
10658 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

I've always thought a good tort reform would be to fine lawyers for bringing shoddy cases to court (ie: the hot McDonald's coffee case).


I agree. Also I think that if a case is found to be frivolous, they should pay the defendants lawyer costs and court costs.






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Godfather1
Army Fan
SE Louisiana
Member since Oct 2006
32727 posts

re: Why is it that when lawyers screw up and commit malpractice,


Good luck at finding a lawyer willing to sue another lawyer. Opens up a whole can of worms for them.





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MichiganTiger
LSU Fan
Where Global Warming is Welcomed!
Member since Dec 2004
7127 posts

re: Why is it that when lawyers screw up and commit malpractice,


So from the other thread, it appears that lawyers do get sued and do carry malpractice insurance. So what are the rates v. docs? Just curious.





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CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46307 posts

re: Why is it that when lawyers screw up and commit malpractice,



Layers get sued for malpractice, there are firms that specialize in such suits. It is also possible to go to the state bar association with a complaint and get faster action than litigation on many types of grievances. Lawyers would be stupid to carry malpractice insurance if they couldn't be sued or held responsible for acts that are below minimal standards of practice.






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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

I've always thought a good tort reform would be to fine lawyers for bringing shoddy cases to court (ie: the hot McDonald's coffee case).


lawyers can be sanctioned for bringing frivolous cases to court.

The hot coffee issue is a matter for a jury.






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CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46307 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

So from the other thread, it appears that lawyers do get sued and do carry malpractice insurance. So what are the rates v. docs? Just curious.


Cheap compared to doctors, but it depends on what you do just like doctors some areas of practice are more prone to litigation and higher volume judgments than others.






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Bard
LA-Monroe Fan
BR
Member since Oct 2008
16636 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

lawyers can be sanctioned for bringing frivolous cases to court.


Then it's not happening enough.







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Port City
LSU Fan
Baton Rouge/Shreveport
Member since Jan 2007
3665 posts

re: Why is it that when lawyers screw up and commit malpractice,


2 Things:

(1) If a lawyer messes up on a case and it causes his client to lose, he is held liable for the entire amount of the case (assuming the client can prove that they had a good case). That is what legal malpractice is for. Also, if you mess up big enough you can get sanctioned/disbarred.

(2) I know this will be unpopular, but have any of you actually looked at the McDonald's case? Google it sometime and read about it. It should atleast be noted that the woman tried to settle with McDonald's for much much less and that McDonald's wanted to go to court.

I'm not saying I agree with it 100%, I'm just saying that the average person knows very little from the case.



This post was edited on 3/3 at 10:05 am


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cwill
New Orleans Saints Fan
Member since Jan 2005
25444 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

I've always thought a good tort reform would be to fine lawyers for bringing shoddy cases to court (ie: the hot McDonald's coffee case).


One of the tort reform ideas was loser-pay. Also to use the McDonald's coffee case as an example of a "shoddy case" shows that you really don't know the facts of the case.






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
299848 posts

re: Why is it that when lawyers screw up and commit malpractice,


other than outright stupid shite (like not filing until after prescription passed), strategy decisions that fail are hard to prove as negligence. just like why boards of corporations aren't sued due to their protection under the "business judgment rule"





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
299848 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

shoddy cases to court (ie: the hot McDonald's coffee case).

not a shoddy case






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MichiganTiger
LSU Fan
Where Global Warming is Welcomed!
Member since Dec 2004
7127 posts

re: Why is it that when lawyers screw up and commit malpractice,


I'm sure this is a component! Granted...there are a ton of frickup physicians out there...but there's probably even more frickup lawyers. However, it's much easier to bury your mistakes in the law profession...pardon the pun.

However, it would take someone with a knowledge of the law...like say...another lawyer...to put out a commercial saying..."Have you ever lost a lawsuit that seemed a little suspicious to you? Do you think your lawyer screwed up? Send your case for review to the law offices of Dewy Screum and Howe...will review your case for free...and proceed with the cherries and discard the trash!" CALL TODAY!






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WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

the hot McDonald's coffee case


I used to think that was a frivolous case but when I read the details of it, I was actually for the woman.

Read the details here: Liebeck v. McDonald's Restaurants

All the lady was asking for was $20,000. She had $11,000 in medical costs. McDonald's offered her $800.

The details of the case are not as one-sided as its popular perception makes it out to be.






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Bard
LA-Monroe Fan
BR
Member since Oct 2008
16636 posts

re: Why is it that when lawyers screw up and commit malpractice,


By "shoddy" I meant "frivilous". Poor choice of words on my part.





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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Why is it that when lawyers screw up and commit malpractice,


same thing.





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MichiganTiger
LSU Fan
Where Global Warming is Welcomed!
Member since Dec 2004
7127 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

All the lady was asking for was $20,000. She had $11,000 in medical costs. McDonald's offered her $800.

The details of the case are not as one-sided as its popular perception makes it out to be.



As long as she wasn't looking for millions for 'pain and suffering,' then I agree with Wiki!






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
299848 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

By "shoddy" I meant "frivilous".

it's not either






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Rickety Cricket
Navy Fan
Premium Member
Member since Aug 2007
36236 posts

re: Why is it that when lawyers screw up and commit malpractice,


quote:

the hot McDonald's coffee case


Everyone always uses this as the poster child for "frivolous" lawsuits, but when you read the case itself, the woman definitely had the right to sue.

ETA: a better example would be the guy who sued the cleaners over his pants.



This post was edited on 3/3 at 10:11 am


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