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1
Posted on 10/25/17 at 10:06 pm to Halftrack
Lol no it isn't
Winning or getting a decent settlement in medical malpractice is akin to finding a needle in a hay stack
Winning or getting a decent settlement in medical malpractice is akin to finding a needle in a hay stack
Posted on 10/25/17 at 10:08 pm to NIH
Posted on 10/25/17 at 10:11 pm to foj1981
Morris Bart
Posted on 10/25/17 at 10:24 pm to Obtuse1
99% of cases against “malpractice” aren’t malpractice. They are often misdiagnosis and that isn’t what malpractice is. A misdiagnosis happens all the time and caused by human error, not negligence. Courts won’t even entertain it unless it’s blatantly obvious and results in death.
Also, hospitals will protect their own. If they don’t have a history of negligence or such cases against them, lawyers won’t even touch them because it’s a waste of time.
People are just sue happy trying to get a free penny whenever they can.
Also, hospitals will protect their own. If they don’t have a history of negligence or such cases against them, lawyers won’t even touch them because it’s a waste of time.
People are just sue happy trying to get a free penny whenever they can.
Posted on 10/25/17 at 10:59 pm to SilverStallion
quote:
99% of cases against “malpractice” aren’t malpractice. They are often misdiagnosis and that isn’t what malpractice is. A misdiagnosis happens all the time and caused by human error, not negligence. Courts won’t even entertain it unless it’s blatantly obvious and results in death.
Also, hospitals will protect their own. If they don’t have a history of negligence or such cases against them, lawyers won’t even touch them because it’s a waste of time.
People are just sue happy trying to get a free penny whenever they can.
Misdiagnosis or lack of timely diagnosis can ABSOLUTELY be malpractice if it does not meet the standard of care, in fact probably 40% of malpractice cases have their genesis in misdiagnosis or slow diagnosis.
Human error is not always malpractice but pretty much all malpractice is human error except the extreme examples that are willful and wanton. Doctors are held to a standard of care which expects them not to make certain errors whether "human" or not.
Attorneys routinely handle cases against institutions and individual medical care providers where there is no history of negligence if your version was fact there would have never been the first case brought. It is true that certain doctors names will immediately be a red flag while others will bring a level of skepticism to the claim.
I worked Medmal from both tables and by and large I didn't feel most of the plaintiffs were sue happy, they were usually in a position of great pain and were looking for an answer and sometimes the answer was the medical providers failed in their duties, more often than not it was simply a poor outcome and the majority dealt with that fairly well.
This post was edited on 10/25/17 at 11:23 pm
Posted on 10/25/17 at 11:00 pm to SilverStallion
If by protect their own you mean telling someone to wait while the prescription period runs, you'd be right
Posted on 10/25/17 at 11:05 pm to NIH
Contra non valentem baw
Posted on 10/25/17 at 11:10 pm to SilverStallion
quote:
They are often misdiagnosis and that isn’t what malpractice is. A misdiagnosis happens all the time and caused by human error, not negligence. Courts won’t even entertain it unless it’s blatantly obvious and results in death.
Damn you’d make a shitty lawyer
Posted on 10/25/17 at 11:11 pm to foj1981
Lewis Unglesby
Posted on 10/25/17 at 11:12 pm to biglego
The tort system should be done away with, we need to let insurance companies decide everything for us. I'm looking forward to the infinite Brawndo and Carl's Jr
Posted on 10/25/17 at 11:14 pm to NIH
Well at least we’d have plenty electrolytes
Posted on 10/25/17 at 11:14 pm to lsu2006
quote:
Contra non valentem
But no attorney wants their case to hinge on tolling.
Posted on 10/25/17 at 11:20 pm to SilverStallion
quote:This is some of the dumbest shite I've read today. You literally have no clue what you're talking about and some poor sap might follow this unfortunate advice.
99% of cases against “malpractice” aren’t malpractice. They are often misdiagnosis and that isn’t what malpractice is. A misdiagnosis happens all the time and caused by human error, not negligence. Courts won’t even entertain it unless it’s blatantly obvious and results in death.
Also, hospitals will protect their own. If they don’t have a history of negligence or such cases against them, lawyers won’t even touch them because it’s a waste of time.
People are just sue happy trying to get a free penny whenever they can.
Posted on 10/25/17 at 11:21 pm to Jim Rockford
quote:
On the poliboard this thread would devolve into a tort reform shitshow.
Only the uninformed Bama posters would throw tort reform into a Louisiana Med-Mal question. Louisiana has some of the toughest med-mal standards in the country. It's really difficult to collect on med-mal suits unless the medical team really f&%ked up big time.
Posted on 10/25/17 at 11:34 pm to kingbob
quote:
Louisiana has some of the toughest med-mal standards in the country. It's really difficult to collect on med-mal suits unless the medical team really f&%ked up big time.
Not having practiced here I don't know the laws BUT LA has the highest rate of settlements/verdicts in the US. They also have the highest per-capita payout as well as the highest rate of filings per capita. When I was in plaintiffs firm we always joked we should figure out Napoleonic code and move. So if what you say is true LA has arguably the worst healthcare in the US.
Posted on 10/25/17 at 11:36 pm to Obtuse1
quote:
Not having practiced here I don't know the laws BUT LA has the highest rate of settlements/verdicts in the US. They also have the highest per-capita payout as well as the highest rate of filings per capita. When I was in plaintiffs firm we always joked we should figure out Napoleonic code and move. So if what you say is true LA has arguably the worst healthcare in the US.
That's only because our medical review panels ensure that the only cases that actually get litigated are those which are highly likely to succeed and pay big. The chicken-shitte cases get dropped.
Posted on 10/25/17 at 11:43 pm to Obtuse1
quote:
So if what you say is true LA has arguably the worst healthcare in the US.
This is probably accurate
Posted on 10/25/17 at 11:48 pm to kingbob
quote:
That's only because our medical review panels ensure that the only cases that actually get litigated are those which are highly likely to succeed and pay big. The chicken-shitte cases get dropped.
I understand you have the review panels (which is good) and it does help explain the per suit/settlement payouts being rather high it seems almost counter-intuitive when faced with the fact LA leads the nation in per capita settlements/won suits. That stat leads one to either LA providers make more errors or LA citizens are more likely to pursue actual errors or some combination of the two.
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