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Medical/Legal Conundrum

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I've heard the opposite as well -- people suing because their loved ones

were resuscitated, but came back with significant neurological deficits.

Just goes to show that people sue for anything. What angers me the most is

that judges already have the discretion to dismiss a frivolous case, yet

rarely do so. Thus, we end up with tort reform that often discourages the

filing

of legitimate claims.

-Wes Ogilvie

Not the attorney filing these suits

In a message dated 5/16/2007 10:48:38 PM Central Daylight Time,

bbledsoe@... writes:

I recently had a conversation with an attorney who does a lot of EMS work

(and who is a paramedic). It is not one of the esteemed barristers on this

list. He said that he is seeing more plaintiff's attorneys taking the

position that failure to resuscitate a cardiac arrest victim is a tort.

Stated another way, the plaintiffs' attorneys are stating that the standard

of care is to resuscitate a patient-regardless of the ultimate outcome. Of

course, there are physician and paramedic " hired guns " who will support the

plaintiffs' position given the appropriate payment of legal tender. Has

anybody else heard this outlandish scheme?

BEB

E. Bledsoe, DO, FACEP

Midlothian, Texas

[Non-text portions of this message have been removed]

************************************** See what's free at http://www.aol.com.

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I recently had a conversation with an attorney who does a lot of EMS work

(and who is a paramedic). It is not one of the esteemed barristers on this

list. He said that he is seeing more plaintiff's attorneys taking the

position that failure to resuscitate a cardiac arrest victim is a tort.

Stated another way, the plaintiffs' attorneys are stating that the standard

of care is to resuscitate a patient-regardless of the ultimate outcome. Of

course, there are physician and paramedic " hired guns " who will support the

plaintiffs' position given the appropriate payment of legal tender. Has

anybody else heard this outlandish scheme?

BEB

E. Bledsoe, DO, FACEP

Midlothian, Texas

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Just proves that anyone with the filing fee can, and will, sue for anything. I

agree that the

judge should automatically dismiss.

If Mama isn't back to how she was twenty years ago, and better than before the

tobacco,

etc, then someone will sue.

How about this tort reform? Set up a panel of health care and legal reviewers

that have to

review the merits of all cases before going to court. If they throw out as

frivilous, the

plaintiff has to pay all costs for both sides and the paintiff's attorney is

automatically

found to have performed malpractice and may be sued. I know that is the

pendulum

swinging WAY the other direction, but I can dream :-) I do think there should

be some

disincentive for the " you win or you pay nothing " legal ads.

>

>

> I've heard the opposite as well -- people suing because their loved ones

> were resuscitated, but came back with significant neurological deficits.

>

> Just goes to show that people sue for anything. What angers me the most is

> that judges already have the discretion to dismiss a frivolous case, yet

> rarely do so. Thus, we end up with tort reform that often discourages the

filing

> of legitimate claims.

>

> -Wes Ogilvie

> Not the attorney filing these suits

>

>

> In a message dated 5/16/2007 10:48:38 PM Central Daylight Time,

> bbledsoe@... writes:

>

>

>

>

> I recently had a conversation with an attorney who does a lot of EMS work

> (and who is a paramedic). It is not one of the esteemed barristers on this

> list. He said that he is seeing more plaintiff's attorneys taking the

> position that failure to resuscitate a cardiac arrest victim is a tort.

> Stated another way, the plaintiffs' attorneys are stating that the standard

> of care is to resuscitate a patient-regardless of the ultimate outcome. Of

> course, there are physician and paramedic " hired guns " who will support the

> plaintiffs' position given the appropriate payment of legal tender. Has

> anybody else heard this outlandish scheme?

>

> BEB

>

> E. Bledsoe, DO, FACEP

>

> Midlothian, Texas

>

> [Non-text portions of this message have been removed]

>

>

>

>

>

>

>

>

>

> ************************************** See what's free at http://www.aol.com.

>

>

>

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I was under the impression that the standard of care is leaning toward

non-rescusitation (in those circumstances where it obviously would be of no

benefit) and has been for a couple of years. Is this not the case?

I have not personally heard of this.

" Bledsoe, DO " wrote:

I recently had a conversation with an attorney who does a lot of EMS

work

(and who is a paramedic). It is not one of the esteemed barristers on this

list. He said that he is seeing more plaintiff's attorneys taking the

position that failure to resuscitate a cardiac arrest victim is a tort.

Stated another way, the plaintiffs' attorneys are stating that the standard

of care is to resuscitate a patient-regardless of the ultimate outcome. Of

course, there are physician and paramedic " hired guns " who will support the

plaintiffs' position given the appropriate payment of legal tender. Has

anybody else heard this outlandish scheme?

BEB

E. Bledsoe, DO, FACEP

Midlothian, Texas

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Dr. :

My only concern with eliminating contingency fee lawsuits is the huge expense of

filing suit, particularly in a medical malpractice case where you often have to

have expert witness review before even determining whether a suit can be filed.

If you eliminate the contingency fee, you've basically shut the courthhouse

doors to all but the very wealthy.

-Wes Ogilvie

Re: Medical/Legal Conundrum

Just proves that anyone with the filing fee can, and will, sue for anything. I

agree that the

judge should automatically dismiss.

If Mama isn't back to how she was twenty years ago, and better than before the

tobacco,

etc, then someone will sue.

How about this tort reform? Set up a panel of health care and legal reviewers

that have to

review the merits of all cases before going to court. If they throw out as

frivilous, the

plaintiff has to pay all costs for both sides and the paintiff's attorney is

automatically

found to have performed malpractice and may be sued. I know that is the pendulum

swinging WAY the other direction, but I can dream :-) I do think there should be

some

disincentive for the " you win or you pay nothing " legal ads.

>

>

> I've heard the opposite as well -- people suing because their loved ones

> were resuscitated, but came back with significant neurological deficits.

>

> Just goes to show that people sue for anything. What angers me the most is

> that judges already have the discretion to dismiss a frivolous case, yet

> rarely do so. Thus, we end up with tort reform that often discourages the

filing

> of legitimate claims.

>

> -Wes Ogilvie

> Not the attorney filing these suits

>

>

> In a message dated 5/16/2007 10:48:38 PM Central Daylight Time,

> bbledsoe@... writes:

>

>

>

>

> I recently had a conversation with an attorney who does a lot of EMS work

> (and who is a paramedic). It is not one of the esteemed barristers on this

> list. He said that he is seeing more plaintiff's attorneys taking the

> position that failure to resuscitate a cardiac arrest victim is a tort.

> Stated another way, the plaintiffs' attorneys are stating that the standard

> of care is to resuscitate a patient-regardless of the ultimate outcome. Of

> course, there are physician and paramedic " hired guns " who will support the

> plaintiffs' position given the appropriate payment of legal tender. Has

> anybody else heard this outlandish scheme?

>

> BEB

>

> E. Bledsoe, DO, FACEP

>

> Midlothian, Texas

>

>

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Guest guest

I apologize for the delayed reply.

Unfortunately, the legal system has become a form of lottery or game show for

many in

our society. A way of taking a free spin of the wheel and maybe I'll get the

big prize, but

at least I can get a small reward. My feeling is that the lawyers themselves

have to be the

ones to change this problem. No small task, " OK, we are going to stop naming

EVERYONE

in the building that day, no more nuisance suits, and oh yeah, we are all gonna

lose a lot

of our income. "

How do we return society to a sense of personal responsibilty? I get tired of

seeing people

coming in complaining that they can't afford their medicine for BP, CHF, heart,

DM, etc but

have the latest cell phone, smoke and drink, and can afford illicit drugs.

Heaven help the

doctor that says they need to lose weight or stop some vice...they can get sued

for

slander, etc. If the outcome is not good, then a lawsuit may be filed for no

reason except

to hope to get a payout to make it go away.

Absolutely, we should have a way for those truly injured in a grossly negligent

manner to

be recompensated for the loss, etc. The problem stems from the likes of " The

Texas

Hammer " , " The Strongarm " , etc. Why cast a net trying to get a few multi-million

dollar

cases and encouraging a confrontational system? The perception is that any

outcome less

than the six million dollar man should get a big lawsuit payment.

I have only had one suit that I was named in. The target was the hospital and

the entire

suit was dropped, but only after the hospital made a payment to make it go away.

This

was a suit that was filed after the statute of limitations had run out!

Bottom line in my opinion, He who has the gold makes the rules. Look who the

rule (law)

makers are...lawyers. I really would like to know how we can encourage

personal

responsibility.

> >

> >

> > I've heard the opposite as well -- people suing because their loved ones

> > were resuscitated, but came back with significant neurological deficits.

> >

> > Just goes to show that people sue for anything. What angers me the most is

> > that judges already have the discretion to dismiss a frivolous case, yet

> > rarely do so. Thus, we end up with tort reform that often discourages the

filing

> > of legitimate claims.

> >

> > -Wes Ogilvie

> > Not the attorney filing these suits

> >

> >

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Guest guest

Let's not forget the BIG SCREEN TV and FURNITURE they pay for each week at the

" RENT TO OWN " establishments.

phillipsdo wrote:

I apologize for the delayed reply.

Unfortunately, the legal system has become a form of lottery or game show for

many in

our society. A way of taking a free spin of the wheel and maybe I'll get the big

prize, but

at least I can get a small reward. My feeling is that the lawyers themselves

have to be the

ones to change this problem. No small task, " OK, we are going to stop naming

EVERYONE

in the building that day, no more nuisance suits, and oh yeah, we are all gonna

lose a lot

of our income. "

How do we return society to a sense of personal responsibilty? I get tired of

seeing people

coming in complaining that they can't afford their medicine for BP, CHF, heart,

DM, etc but

have the latest cell phone, smoke and drink, and can afford illicit drugs.

Heaven help the

doctor that says they need to lose weight or stop some vice...they can get sued

for

slander, etc. If the outcome is not good, then a lawsuit may be filed for no

reason except

to hope to get a payout to make it go away.

Absolutely, we should have a way for those truly injured in a grossly negligent

manner to

be recompensated for the loss, etc. The problem stems from the likes of " The

Texas

Hammer " , " The Strongarm " , etc. Why cast a net trying to get a few multi-million

dollar

cases and encouraging a confrontational system? The perception is that any

outcome less

than the six million dollar man should get a big lawsuit payment.

I have only had one suit that I was named in. The target was the hospital and

the entire

suit was dropped, but only after the hospital made a payment to make it go away.

This

was a suit that was filed after the statute of limitations had run out!

Bottom line in my opinion, He who has the gold makes the rules. Look who the

rule (law)

makers are...lawyers. I really would like to know how we can encourage personal

responsibility.

> >

> >

> > I've heard the opposite as well -- people suing because their loved ones

> > were resuscitated, but came back with significant neurological deficits.

> >

> > Just goes to show that people sue for anything. What angers me the most is

> > that judges already have the discretion to dismiss a frivolous case, yet

> > rarely do so. Thus, we end up with tort reform that often discourages the

filing

> > of legitimate claims.

> >

> > -Wes Ogilvie

> > Not the attorney filing these suits

> >

> >

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