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  #11  
Old 06-18-2008, 06:12 PM
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Actually recently much fewer cases have been settling. And on top of that, the main issue is the ethics of the lawyer/firm itself or the 'client' just wanting money. My father has his own malpractice firm that is known as one of the top in the state, they turn down 95% of cases because theyre just bogus. But I'm all for any laws that will decrease ambulance chasers because it gives what my dad does respectably a bad name.
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  #12  
Old 06-18-2008, 06:28 PM
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Quote:
Originally Posted by Eric5273
I'm telling you...we need to have the laws like the Europeans. You lose, you pay the winner's legal fees. That will solve all of these problems, including the medical malpractice suits as well.
In Louisiana, before you even file a med mal lawsuit, you have to go before a medical review panel to determine if you have a legit claim against the hcp. I don't know if this is a requirement in other states or federally mandated by HIPPA.
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  #13  
Old 06-18-2008, 07:29 PM
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Quote:
Originally Posted by Krimson X
In Louisiana, before you even file a med mal lawsuit, you have to go before a medical review panel to determine if you have a legit claim against the hcp. I don't know if this is a requirement in other states or federally mandated by HIPPA.
That is strictly a state issue, not related to any Federal rules.
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  #14  
Old 06-18-2008, 07:30 PM
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Quote:
Originally Posted by Eric5273
I'm telling you...we need to have the laws like the Europeans. You lose, you pay the winner's legal fees. That will solve all of these problems, including the medical malpractice suits as well.
STOP THE PRESSES!!! I am actually in agreement with Eric on something!
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  #15  
Old 06-18-2008, 08:35 PM
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I am not at work I am currently sitting in the comfort of my own home so I am not going to play the lawyer vs. insurance company game right now so I will try to make this short and sweet:

1) In most states the loser does pay;
2) Most insurance carriers do not throw $$ at PI attorneys to settle cases before suit as most people believe...remember they have all the money and power;
3) Most med mal cases get litigated to verdict, so why would a lawyer who is working on a contingency throw his/her $$ out the window on a shitball case...considering in my experience the average cost to litigate a med mal case is about the same as a new loaded BMW 335i; and
4) Sounds like this woman is very crotchity, no pun intended.
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  #16  
Old 06-18-2008, 09:03 PM
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Quote:
Originally Posted by ljnlaw
3) Most med mal cases get litigated to verdict, so why would a lawyer who is working on a contingency throw his/her $$ out the window on a shitball case...considering in my experience the average cost to litigate a med mal case is about the same as a new loaded BMW 335
Thats particularly great here. When you NEED help, nobody will help you unless you build the case for them, and you can find one that hasn't been "hired" by the owner of 90% of the hospitals in the state
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  #17  
Old 06-18-2008, 09:45 PM
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I personally think we need to see a video of said thong with attempts to utilize thong from several angles, so we can make our own educated decision regarding the validity of the lawsuit...
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  #18  
Old 06-18-2008, 10:17 PM
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Would that apply to people have have medical insurance as well........


Quote:
Originally Posted by Eric5273
That will solve all of these problems, including the medical malpractice suits as well.
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  #19  
Old 06-19-2008, 02:04 AM
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Quote:
Originally Posted by ljnlaw
3) Most med mal cases get litigated to verdict
http://www.citizen.org/congress/civj...es.cfm?ID=8798

According to the federal government’s National Practitioner Data Bank (NPDB), the median medical malpractice payment by a physician to a patient rose 35 percent from 1997 to 2001, from $100,000 to $135,000. By contrast, data from Jury Verdict Research (JVR), a private research firm, shows that awards rose 100 percent from 1997 to 2000, from $503,000 to $1 million. The reason for the huge difference, which is explained in more detail below: JVR collects only jury verdict information that is reported to it by attorneys, court clerks and stringers. The NPDB is the most comprehensive source of information that exists because it includes both verdicts and settlements. Ninety-six percent of all medical malpractice cases are settled, as opposed to decided by a jury, and settlements result in much lower awards than jury verdicts.
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  #20  
Old 06-19-2008, 08:01 PM
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Quote:
http://www.citizen.org/congress/civj...es.cfm?ID=8798

According to the federal government’s National Practitioner Data Bank (NPDB), the median medical malpractice payment by a physician to a patient rose 35 percent from 1997 to 2001, from $100,000 to $135,000. By contrast, data from Jury Verdict Research (JVR), a private research firm, shows that awards rose 100 percent from 1997 to 2000, from $503,000 to $1 million. The reason for the huge difference, which is explained in more detail below: JVR collects only jury verdict information that is reported to it by attorneys, court clerks and stringers. The NPDB is the most comprehensive source of information that exists because it includes both verdicts and settlements. Ninety-six percent of all medical malpractice cases are settled, as opposed to decided by a jury, and settlements result in much lower awards than jury verdicts.
Very misleading, and not where I try cases southeastern PA including Philly. BTW I have been a subcriber of JVR for at least 10 years now and their records are very flawed in many respects, none more so than the frequency they up date their data bases. For example they called me a few months ago to question me on a verdict I received in a Philly case almost 5 years ago. Those results were going to be included in the 2008 data base. Out of all of all of my trial verdicts (good or bad) they have only called me about that one. I use their data to provide some guidence to clients, attorneys and insurance adjusters about the possible settlement and verdicts in particular cases. Needless to say I was not thrilled after learning about the reliability of their data collection process.
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