Since they recognized there were already problems during the first trial, hopefully the appeal will go better.
Not knowing everything about the case – obviously – I am only assuming that this was probably not actual malpractice, but another case of “somebody has to pay”.
LB…..you’re right…..it’s the “somebody must pay” mentality of jurors who are incapable of making objective decisions based on fact without emotion.
What is most annoying is the audacity of people to file suit anytime there’s a bad outcome to a medical situation. The human body and condition are such that any surgery brings risks. The best surgeon can do everything exactly right and still have a bad outcome due to something beyond his/her control. Maybe her abdominal bleeding wasn’t detectable at the time. Maybe there was no reason to anticipate the condition. Surgeons have to take patients as they come. They never know what problems may manifest. I agree this doesn’t sound like malpractice. If people would read the definition of malpractice they’d realize it’s rare. Unfortunately, the plaintiff bar has re-defined it for their own profit to be anything other than what you wanted to happen.
While it’s unfortunate the child has issues, it doesn’t justify enriching the parents. This will surely go on the surgeons malpractice record and result ini a substantial premium increase.
Reading the last two comments it’s clear there is a “standard” blog entry on all med malpractice verdict news articles from a few folks. There is nothing in this article that could possibly give anyone reading it any indication of the medical facts and whether there was malpractice.
But… looks like some folks think after reading two paragraphs of some short account they can have a more valid opinion than that of 8 jurors who sat through probably 5 to 10 weeks of evidence.
Sad we are so quick to judge something we no nothing about.
I hope they get the money from this law suite and the appeal is denied for the childs sake. I have a son that was misdiagnosed at 2 mths old and it left him deaf and he has learning disabilities from miningitis, which I found out after I had him transferred to another hospital. This happened almost 28 yrs ago. I feel there are too many unqualified doctors in todays society. If the award money goes to the mother and child, hopefully she will able to afford everything she needs to live a comfortable life.
Yea, but Dread & lastbat are right. Doubt that the trial took 5 to 10 weeks & none of us were there, but the “standard” blog is probably more accurate than not.
Having handled numerous alleged med-mal claims spanning 25 years I’m here to tell you that most of them are without merit. Please read the following definition of malpractice:
“Law. failure of a professional person, as a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, esp. when injury or loss follows.
2. any improper, negligent practice; misconduct or misuse.”
This is a rigid standard that is obviously not adhered to by juries.
Nowhere in that definition is the requirement a medical professional be clairvoyant or otherwise anticipate every conceivable bodily condition or malfunction that might impact the outcome of a surgery or procedure. I challenge anyone to name a profession that achieves 100% perfection. Lord knows it isn’t plaintiff attorneys. The best we can expect of a medical professional is that he/she does the best he/she can relying on their expert judgment and education.
An un-satisfactory outcome doesn’t automatically translate to malpractice.
Our legal system has punished doctors to the point many of the good ones are being forced to leave their practice because of malpractice premiums. The attorneys pay nothing into the system…..they add no value to it………they only take from it. Why shouldn’t they participate in the cost of funding their livelihood by helping fund malpractice premiums?
If you want a big judgement, wheel in a disabled child or bring in a picture of a dead one for the trial. The defense doesn’t stand a chance regardless of fact. Not being harsh towards children, just juries who don’t have a clue as to what their duty rally should be.
This is a compelling example why we should adopt a “professional jury” model like Japan. Just like other professionals, these people are well-educated, well-compensated, have the ability to be totally objective, and understand the law.
Our current system is badly flawed. Not only will you never get a “jury of your peers”, you’ll be luck to get people who can spell and speak english. If juries managed awards like it was their own money things would change quickly.
This is exactly the type of sentiment that garners these big awards. Somebody on the jury had something happen to them or knew somebody that had something happen to them and they get a vicarious victory through the damages they award as a juror.
Ike is right, we need professional jurors. We need people sitting on these panels that can be objective in their findings and have knowledge of the underlying laws and processes.
Just because bad things happen does not mean somebody has to pay.
Sybil & Rick – you two are why there even IS a med-mal ‘industry’ – two naifs with very sympathtic natures who like to feel worthwhile for a minute while spending other people’s money
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Since they recognized there were already problems during the first trial, hopefully the appeal will go better.
Not knowing everything about the case – obviously – I am only assuming that this was probably not actual malpractice, but another case of “somebody has to pay”.
LB…..you’re right…..it’s the “somebody must pay” mentality of jurors who are incapable of making objective decisions based on fact without emotion.
What is most annoying is the audacity of people to file suit anytime there’s a bad outcome to a medical situation. The human body and condition are such that any surgery brings risks. The best surgeon can do everything exactly right and still have a bad outcome due to something beyond his/her control. Maybe her abdominal bleeding wasn’t detectable at the time. Maybe there was no reason to anticipate the condition. Surgeons have to take patients as they come. They never know what problems may manifest. I agree this doesn’t sound like malpractice. If people would read the definition of malpractice they’d realize it’s rare. Unfortunately, the plaintiff bar has re-defined it for their own profit to be anything other than what you wanted to happen.
While it’s unfortunate the child has issues, it doesn’t justify enriching the parents. This will surely go on the surgeons malpractice record and result ini a substantial premium increase.
Reading the last two comments it’s clear there is a “standard” blog entry on all med malpractice verdict news articles from a few folks. There is nothing in this article that could possibly give anyone reading it any indication of the medical facts and whether there was malpractice.
But… looks like some folks think after reading two paragraphs of some short account they can have a more valid opinion than that of 8 jurors who sat through probably 5 to 10 weeks of evidence.
Sad we are so quick to judge something we no nothing about.
I hope they get the money from this law suite and the appeal is denied for the childs sake. I have a son that was misdiagnosed at 2 mths old and it left him deaf and he has learning disabilities from miningitis, which I found out after I had him transferred to another hospital. This happened almost 28 yrs ago. I feel there are too many unqualified doctors in todays society. If the award money goes to the mother and child, hopefully she will able to afford everything she needs to live a comfortable life.
Yea, but Dread & lastbat are right. Doubt that the trial took 5 to 10 weeks & none of us were there, but the “standard” blog is probably more accurate than not.
Having handled numerous alleged med-mal claims spanning 25 years I’m here to tell you that most of them are without merit. Please read the following definition of malpractice:
“Law. failure of a professional person, as a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, esp. when injury or loss follows.
2. any improper, negligent practice; misconduct or misuse.”
This is a rigid standard that is obviously not adhered to by juries.
Nowhere in that definition is the requirement a medical professional be clairvoyant or otherwise anticipate every conceivable bodily condition or malfunction that might impact the outcome of a surgery or procedure. I challenge anyone to name a profession that achieves 100% perfection. Lord knows it isn’t plaintiff attorneys. The best we can expect of a medical professional is that he/she does the best he/she can relying on their expert judgment and education.
An un-satisfactory outcome doesn’t automatically translate to malpractice.
Our legal system has punished doctors to the point many of the good ones are being forced to leave their practice because of malpractice premiums. The attorneys pay nothing into the system…..they add no value to it………they only take from it. Why shouldn’t they participate in the cost of funding their livelihood by helping fund malpractice premiums?
If you want a big judgement, wheel in a disabled child or bring in a picture of a dead one for the trial. The defense doesn’t stand a chance regardless of fact. Not being harsh towards children, just juries who don’t have a clue as to what their duty rally should be.
This is a compelling example why we should adopt a “professional jury” model like Japan. Just like other professionals, these people are well-educated, well-compensated, have the ability to be totally objective, and understand the law.
Our current system is badly flawed. Not only will you never get a “jury of your peers”, you’ll be luck to get people who can spell and speak english. If juries managed awards like it was their own money things would change quickly.
This is exactly the type of sentiment that garners these big awards. Somebody on the jury had something happen to them or knew somebody that had something happen to them and they get a vicarious victory through the damages they award as a juror.
Ike is right, we need professional jurors. We need people sitting on these panels that can be objective in their findings and have knowledge of the underlying laws and processes.
Just because bad things happen does not mean somebody has to pay.
Sybil & Rick – you two are why there even IS a med-mal ‘industry’ – two naifs with very sympathtic natures who like to feel worthwhile for a minute while spending other people’s money