Quote:
Originally Posted by blueash
80% of malpractice claims are closed with zero dollar payment to the plaintiff. All claims whether settled or determined by a jury where there is a payment no matter how small are reported to the National Practitioner Data Bank which can be accessed by state boards, hospitals, insurance companies, and other authorized entities, but not the general public. All actions where a suit was filed are public record even if they are dropped. But you would have to go to the court to find the documents in almost all jurisdictions.
Lawyers who represented injured plaintiffs are not dirtbags. They are there to protect those harmed by someone else and attempt to make them or their heirs as whole as possible when a doctor deviates from standard of care. The legal process also can be a motivation for improving care as it provides guidance on what kind of errors are unacceptable [not all errors are malpractice]. You want the sponge count done before they close the incision, thank a malpractice lawyer. You want the doctor to double check whether it is your left kidney not your right to remove? Or to know the side effects of the medication and inform you? Or to read your mammogram carefully?
Yes, all doctors never intend to harm a patient [I hope] but when they do it is the tort system which holds them accountable. It is no different than a driver who for 30 years never had a ticket or sped, but that one day failed to see a stop sign and injured an innocent pedestrian. We all understand the driver didn't mean to do it, never did it before, promises to be more attentive in the future.. but there will be and should be a mechanism to compensate the injured. In Florida and most other states as a precondition for filing a medical malpractice case you must have an affidavit from a medical professional stating that you have a valid medical malpractice claim. So it is not the "dirtbag" who says there was possible malpractice it was a medical professional who reviewed the case prior to filing. |
You are correct, attorneys are not dirtbags. I do disagree with your accessment that they are there to protect the people. Many are there to take advantage of our tort system. If you are telling me the trolling that goes on 24/7 on TV are lawyers looking to help people I respectfully have to disagree.