I agree; the problem is not that people file lawsuits for redress, it is that a whole industry revolves around getting higher awards so that plaintiff attorneys get paid. What else can a lawyer do these days to make a living, except chase the ambulance. What I’d like to see is lawyers getting an appropriate settlement and taking a small cut of the proceeds, say 5% not the one third of the $3 million that is awarded; the only reason these awards are so high is to feed those damn sharks!
This is a sad loss and being in the insurance business in WI, I think he deserves compensation, and at 35, $3 million may not be enough. I have no problem with a legitimate claim such as this. It is the frivolous law suits that go on every day that is creating an insurance problem, not legit claims!
Boy, if you don’t sound like one a lawyer benefiting from such lawsuits. So lawyers only get a mere 1/3 of the first mil and only 20% of the rest, out of this law suit that would give them $773,333. Gee, I hope they can afford shoes for their kids off that. Why are you only looking at Wisconsin data, this is a nationwide issue, 150 lawsuits in one year in one state is a lot. Look how many years it will tie up the court system; what is the average time it takes to settle a lawsuit, 4 years? So doing this math, 4 times 150 per year gives you about 600 active lawsuits going on at any given time, again we are just looking at Wisconsin which is a more conservative state. I just don’t understand how any jury thinks this guy deserves $3.2 mil, give him 4 years of paid college so he can get a different/better job. If the awards weren’t so outrageous I think it would be easier for the patients who do deserve some compensation to get what is actually due them instead of it being bounced back and forth between lawyers and insurance companies. P.S. I have nothing good to say about insurance companies either, they can be worse. I had a brother that needed a bone marrow transplant which is very expensive and before it could be done they needed approval from the insurance company. The insurance company kept stalling with asinine excuses until it was too late to perform it and he died. But then they approved it.
Do you know why medical care is so expensive? Because of the high premiums doctors and medical institutions have to pay for malpractice insurance. And why are they paying such high rates? Because everyone sues for anything they can get a lawyer to take, and the juries awarded in these settlements is outrageous. No one wins in these cases except the lawyers. I would like to know what made this leg worth $3.2 million. Even if he had to quit his job because of this, he would not have made $3.2 million in his life time. Losing part of one leg can hardly be classified as a disability now with the new technology in prosthetic legs. Have you heard of Oscar Pistorius who is a double amputee and fought to be able to run in the Olympics? Yes, this is a unfortunate situation but his leg is not worth $3.2 million, and if it’s not the money he’s after then donate it to health care for senior citizens who can’t afford it themselves, because this lawsuit will only make things worth, and I feel for the doctors, many of which get out of the business because any mistake can get them sued. It’s not worth it to them. Why don’t we sue the guy for being so stupid as to get hurt at work? If he’s not suing the employer too, my guess is because it was his own fault, his mistake but no one is going to sue him. Hopefully the lawyers for the doctor will file an appeal and it will sit in litigation for years until this guy is willing to settle for a lesser amount rather than letting his lawyer eat it up.
“Want Affordable Healthcare”, you are wrong in your supposition that medical malpractice cases are causing high healthcare costs. In Wisconsin, where this case took place, the entire medical malpractice system accounts for less than 0.4% of the state’s healthcare costs. The National Practitioner Data Bank shows that there were only four malpractice claims paid in Wisconsin in 2006 for every 1,000 practicing doctors in the state. The risk of a doctor being sued is minimal. There were only 150 medical malpractice lawsuits filed in Wisconsin last year. There are 5.5 million people in the state. You do the math. About the lawyer’s fees, the lawyer is only entitled to a fee of one-third for the first million dollars of recovery and then only 20% of the amount over one million. As in most states, jurors in Wisconsin rarely find in favor of the plaintiffs. Saying you think the insurance company should appeal is a for-sure prediction. The insurance companies want to make things as difficult as they can for the injured patient. Doing what is right never enters into the equation.
I would just like to point out that Wisconsin may be a swing state but is run by liberals. I am sure it will be reduced on appeal. While not knowing all the details of the case, I would like to add my two cents. A leg is worth a lot especially when you have a lot of years ahead of you, but was the doctor’s alleged negligence 100%? Personal responsibility. If you have a problem with your doctor’s treatment plan, get a second opinion. Somethings are worth paying for out of pocket. Perhaps if he did, he would simply be out a couple hundred dollars rather than a leg.
There was no reason for the patient to get a second opinion. He thought the doctor knew how to care for the problem. There is a very limited time period for decompressing a compartment syndrome in order to avoid permanent damage. Getting a second opinion did not really enter into the picture here.
Don’t compare health insurance with property and casualty….there is a distinct difference in the perils that are insured against for P & C. For health care the frequency and severity of claims is much different than insuring against accidents. Your brother’s claim was not based on protection against some accidental injury, like slip and fall or collision. Just the same, I know that Blue Cross in my state ALWAYS wants to review a claim before they agree to anything….
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I agree; the problem is not that people file lawsuits for redress, it is that a whole industry revolves around getting higher awards so that plaintiff attorneys get paid. What else can a lawyer do these days to make a living, except chase the ambulance. What I’d like to see is lawyers getting an appropriate settlement and taking a small cut of the proceeds, say 5% not the one third of the $3 million that is awarded; the only reason these awards are so high is to feed those damn sharks!
You are soooo righteous, and soooo compassionate.
This is a sad loss and being in the insurance business in WI, I think he deserves compensation, and at 35, $3 million may not be enough. I have no problem with a legitimate claim such as this. It is the frivolous law suits that go on every day that is creating an insurance problem, not legit claims!
I think everyone missed his comment. Strut in his sneaker. Just as bad as everyone else. I’m in claims – humor keeps us sane.
Boy, if you don’t sound like one a lawyer benefiting from such lawsuits. So lawyers only get a mere 1/3 of the first mil and only 20% of the rest, out of this law suit that would give them $773,333. Gee, I hope they can afford shoes for their kids off that. Why are you only looking at Wisconsin data, this is a nationwide issue, 150 lawsuits in one year in one state is a lot. Look how many years it will tie up the court system; what is the average time it takes to settle a lawsuit, 4 years? So doing this math, 4 times 150 per year gives you about 600 active lawsuits going on at any given time, again we are just looking at Wisconsin which is a more conservative state. I just don’t understand how any jury thinks this guy deserves $3.2 mil, give him 4 years of paid college so he can get a different/better job. If the awards weren’t so outrageous I think it would be easier for the patients who do deserve some compensation to get what is actually due them instead of it being bounced back and forth between lawyers and insurance companies. P.S. I have nothing good to say about insurance companies either, they can be worse. I had a brother that needed a bone marrow transplant which is very expensive and before it could be done they needed approval from the insurance company. The insurance company kept stalling with asinine excuses until it was too late to perform it and he died. But then they approved it.
Do you know why medical care is so expensive? Because of the high premiums doctors and medical institutions have to pay for malpractice insurance. And why are they paying such high rates? Because everyone sues for anything they can get a lawyer to take, and the juries awarded in these settlements is outrageous. No one wins in these cases except the lawyers. I would like to know what made this leg worth $3.2 million. Even if he had to quit his job because of this, he would not have made $3.2 million in his life time. Losing part of one leg can hardly be classified as a disability now with the new technology in prosthetic legs. Have you heard of Oscar Pistorius who is a double amputee and fought to be able to run in the Olympics? Yes, this is a unfortunate situation but his leg is not worth $3.2 million, and if it’s not the money he’s after then donate it to health care for senior citizens who can’t afford it themselves, because this lawsuit will only make things worth, and I feel for the doctors, many of which get out of the business because any mistake can get them sued. It’s not worth it to them. Why don’t we sue the guy for being so stupid as to get hurt at work? If he’s not suing the employer too, my guess is because it was his own fault, his mistake but no one is going to sue him. Hopefully the lawyers for the doctor will file an appeal and it will sit in litigation for years until this guy is willing to settle for a lesser amount rather than letting his lawyer eat it up.
“Want Affordable Healthcare”, you are wrong in your supposition that medical malpractice cases are causing high healthcare costs. In Wisconsin, where this case took place, the entire medical malpractice system accounts for less than 0.4% of the state’s healthcare costs. The National Practitioner Data Bank shows that there were only four malpractice claims paid in Wisconsin in 2006 for every 1,000 practicing doctors in the state. The risk of a doctor being sued is minimal. There were only 150 medical malpractice lawsuits filed in Wisconsin last year. There are 5.5 million people in the state. You do the math. About the lawyer’s fees, the lawyer is only entitled to a fee of one-third for the first million dollars of recovery and then only 20% of the amount over one million. As in most states, jurors in Wisconsin rarely find in favor of the plaintiffs. Saying you think the insurance company should appeal is a for-sure prediction. The insurance companies want to make things as difficult as they can for the injured patient. Doing what is right never enters into the equation.
I would just like to point out that Wisconsin may be a swing state but is run by liberals. I am sure it will be reduced on appeal. While not knowing all the details of the case, I would like to add my two cents. A leg is worth a lot especially when you have a lot of years ahead of you, but was the doctor’s alleged negligence 100%? Personal responsibility. If you have a problem with your doctor’s treatment plan, get a second opinion. Somethings are worth paying for out of pocket. Perhaps if he did, he would simply be out a couple hundred dollars rather than a leg.
There was no reason for the patient to get a second opinion. He thought the doctor knew how to care for the problem. There is a very limited time period for decompressing a compartment syndrome in order to avoid permanent damage. Getting a second opinion did not really enter into the picture here.
Don’t compare health insurance with property and casualty….there is a distinct difference in the perils that are insured against for P & C. For health care the frequency and severity of claims is much different than insuring against accidents. Your brother’s claim was not based on protection against some accidental injury, like slip and fall or collision. Just the same, I know that Blue Cross in my state ALWAYS wants to review a claim before they agree to anything….