by camdin90 » Sun Nov 20, 2011 9:28 am
In medicine there is what's called a standard of care, what a reasonable and prudent doctor would do in a given circumstance, sort of like if you break your leg, 99.9% of doctors will get an x-ray to confirm the broken leg. The doc who doesn't get an x-ray is guilty of med/mal. Now that doesn't mean that you suffer permanent harm beacuse he didn't get an x-ray, and thus, you would have no suit.
On top of that, many doctors may not meet the standard of care at a given moment, but unless that breach of the standard of care results in permanent harm, then you would be barred from filing suit; i.e., no lawyer is going to take your case just because you're angry. It costs about $250,000 to bring a suit to fruition, and most attorneys who practice med/mal law take these cases on contingency, meaning they don't get paid if they don't win. But it is their money, not yours, that you're going to court on, and so that means you'd better have a solid, bona fide case of med/mal, because even going to court does not mean that you will win; in fact, 90% of cases brought do NOT win, not because they are not bona fide, but because they are hard to prove, or as happened recently in my town, Yeah, we know the doc screwed up, but he's the only doctor for 30 miles.
I agree with Miss A. Many doctors have lawsuits filed against them, and many of those docs are quickly nonsuited. What this means is that Dr. Bob's name appears in a medical record; thus being named in a suit, but as discovery goes on it is found that Dr. Bob was just passing through and had no direct hand in your care. He will be dropped from the lawsuit because he is not responsible.
I will further agree with Miss A that just because a doctor is sued does not mean he is guilty. I will be the first to attest that somethings things just happen that no one can foresee, or plan for, or control.
I will diverge with her on this point: While it is true that sometimes stuff just happens that's beyond the doctor's control, it is just as true that many doctors just flat screw up, not paying attention, wanting to go home and pass the patient off onto someone else without giving all the information, don't get the necessary scans to have the whole story, which leads to mistakes, leave the job to the nurses with a word to "call me if something comes up," (which then gets the nurses in trouble), or they forget to document something critical, which results in contradictary orders.
This brings me to your doctor. In all the work I've done, I've seen doctors who get sued once, very few who gets sued twice, and fewer still who get sued three times. If your doc has been sued multiple times, you owe it to yourself to find out the terms of his suits; i.e., how many did he settle? How many times has he gone to trial and won/lost? How many times was he nonsuited? Are you really suggesting that a different nose is worth your life, or permanent problems for the rest of your life? Because that is what you are playing with.
Just for the record, I am not an attorney, but my job requires me to read court and deposition transcripts, I about 80 percent of the work that I do is medical malpractice. Miss A is correct when she says that just because you're sued doesn't mean your guilty. But it is just as true that when you have been sued multiple times, you really might be.
Investigate your doctor more thoroughly before you trust him with your life, because that is what you are doing.