Anatomy of a law suit...

[jimg]

I found this in my travels on the net and though you might find it interesting. How about the part where he discovers the only way to free himself! I guess you have to do what you have to do....but it does seem like a better approach to make sure the machine is in good repair before using it.

http://www.ca7.uscourts.gov/op3.fwx?yr=01&num=2656&Submit1=Request+Opinion

 

[fivestring]

<font color="red">"I guess you have to do what you have to do....but it does seem like a better approach to make sure the machine is in good repair before using it." </font>

OUCH! /forums/images/graemlins/blush.gif /forums/images/graemlins/shocked.gif

But, I can't believe he wasted taxpayers' dollars to file a lawsuit because of his own carelessness.
It was the third time he used it, he knew it did not work properly, and he still used it anyway. Well, DUH!
That definitely was a preventable accident.

 

[jimg]

To add insult to injury he hurt his other hand and lost his shoes trying to stop the thing from ingesting his right arm! Talk about having a bad day. Seems he should have figured the baler would have consumed the shoes w/o missing a beat. Oh well...

 

[PineRidge]

This story once again reminds me of the fact that no one wants to take responsibility for their own actions. After all it is much, much easier to follow the money trail these days so millions do that very thing each time they file a frivolous law suit.

Here in Ohio doctors are leaving the buckeye state at an alarming rate. Malpractice insurance is so high for them that they are setting up practices in others states where it is more affordable. Why is malpractice insurance so high in Ohio? Frivolous law suits what else. /forums/images/graemlins/frown.gif

 

[fivestring]

"Here in Ohio doctors are leaving the buckeye state at an alarming rate. Malpractice insurance is so high for them that they are setting up practices in others states where it is more affordable."

They're not coming here. NC is high, also.
The nurse and doctor shortage is getting worse.

 

[AndyM]

<font color="blue"> "Here in Ohio doctors are leaving the buckeye state at an alarming rate. Malpractice insurance is so high for them that they are setting up practices in others states where it is more affordable." </font>

I remember reading that article. The couple of examples they had in the article left Ohio for Wisconsin, if I remember correctly.

 

[slowrev]

Doctors opening new offices here in KY all the time. I have read that almost all of the malpractice suits were caused by about 1 % of the doctors. Too bad the AMA won't police their own to protect the good doctors from paying for the bad ones.

 

[Junkman]

Doctors are being sued for many things and sometimes I just can't understand how they can have anything to do with the outcome. An example is with the delivery of a baby. They are not there when you conceive the child. They are not there for the most part during the 9 months that the mother is carrying the baby. They have no control over what the mother eats, drinks, smokes, or ingests during that period. They examine her and chart the progress of the growth of the baby, and advise the mother how to do the best for the development of the baby, but have no way to know if the mother heeds that advise. Then at that time of birth, for the most part, he is standing there catching the baby and watching for potential problems during delivery as the mothers body expels the new born. Then when the baby is born and has some birth defect, the doctor is sued for an amount to cover the life time care of that child's medical needs. How is it the doctors fault??? This is just one of the many reasons that we have a medical insurance premium crisis in this country today and a doctor shortage in some areas of the country.

 

[gsganzer]

I'd hate to be in the medical industry. You absolutely "MUST BE 100% RIGHT, 100% OF THE TIME" (emphasis intended).
Otherwise you're open to a lawsuit.

Using your best judgement and skills to tackle the situation at hand counts for nothing if you didn't get it 100% correct (using hindsight). I can't think of any other profession (other then being on a bomb squad /forums/images/graemlins/blush.gif)) where the perils are so great and require you to be 100% correct in your judgement in every instance.

As far as I'm concerned, as long as the doctor had reasonable skills and made a genuine effort, then they did their job correctly. Life's full of uncertainties and has a certain amount of hazards.

 

[SCDolphin]

I am new to TBN but long term ER Doc. Where I work maybe one out of five hundred docs might be someone you would not send you dog to and a few more with personalities that would leave you cold. Overall a bunch of hard working dedicated physicians that hate all of the abuse from the lawyers and the stinking government.
When we tried to get a poor quality doc off our staff, we had to deal with his lawyer which has been an ongoing process; so as far as doctors policing them selves.........it might be possible with out the bloody barristers!
If business had to work under all of the stupid rules we work under and see all of the things going on, you would want your kids to grow up to be cowboys!