tag:blogger.com,1999:blog-30499448.post9139948778029589268..comments2024-02-18T13:53:30.168-08:00Comments on Surgeonsblog: Losing My Virginity; Part TwoSid Schwabhttp://www.blogger.com/profile/14182853083503404098noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-30499448.post-69195132549696878272006-11-19T15:20:00.000-08:002006-11-19T15:20:00.000-08:00"What kind of people act like that? Civilized beha..."What kind of people act like that? Civilized behavior, respectfulness -- in short, all the ways in which you'd think nice people would behave -- are as out of place in the medical malpractice arena as are gardenias in a cesspool."<br /><br />It is unlikely that the lawyer put your case in the paper. Many newspapers have people who watch the court filings for news. There is a local paper in my area that reads the bar newsletter and writes stories every time a lawyer gets a slap on the wrist from the bar. <br /><br />Your anger is likely misplaced and it's amazing how much vitriol stems from it given that you didn't really think it out.<br /><br />"Among other things, it has the effect of raising the tension exponentially, which is, I'm sure, exactly what the plaintiff's attorney has in mind.) "<br /><br />Your insurance company advises you to get your own attorney because if the damages are in excess of your policy limits, and they get a policy limits offer and don't settle and you subsequently get a verdict for more, you potentially have a bad faith case against them. It's the inherent conflict in insurance defense. It has nothing to do with the plaintiff's lawyer, but rather your insurance contract.<br /><br />"Clear as day, the son of a bitch had altered his notes later, to cover his ass once again. What did he care? I wasn't in his area any more. If I had been, if I'd ever seen him again, I might have tried to punch him in the nose (he was an old guy: I think I could have taken him.) But a former colleague trying to slit my throat: that wasn't the half of it. "<br /><br />And you wonder why people have to request medical records? Why they sue to get the answers that physicians won't give them? Right there is a prime example. You say that doctor is lying, but how does the patient know? Why is it bad for his lawyer to rely on that doctor's opinion as opposed to yours? He's never met either of you, and neither of you will even speak to him. The patient has likely been shut out as everyone clams up everytime there is a bad outcome immediately, despite the fact that multiple, multiple studies show that communication, or the lack thereof, is what leads people to go to lawyers most often.<br /><br />"I have no doubt that had it been possible for the me and the man's family and the insurance companies been able to sit together in a room like people who wanted fairness, had we talked directly without fear of consequences and without lawyers, we'd have come to a proper result years sooner with the money going where it was needed, instead of being spread among the attorneys.) "<br /><br />You clearly know little of insurance companies if you think this is the case. Remember, the plaintiff's attorney is only getting paid if he wins. He is not getting paid by the hour most likely. He has no incentive to delay a resolution. Who does have incentive? The insurer, because they are still enjoying the benefits of the money.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-55874858944911599632006-11-13T11:09:00.000-08:002006-11-13T11:09:00.000-08:00I'm sorry. This sounds horrible.
But it explains ...I'm sorry. This sounds horrible.<br /><br />But it explains why they didn't want to part with my medical records when I had emergency surgery for suspected appendicitis that was really an antibiotic resistant kidney infection.<br /><br />I never wanted to sue, I'd just been very sick by myself with no family to tell me what had happened and I just wanted my records so I knew what had happened to me (plus to add to my doctor's records since I was out of county/out of network). You would've thought I was trying to kidnap their first born for a voodoo ritual.<br /><br />But now I understand their motivation.<br /><br />MMotherhood for the Weakhttps://www.blogger.com/profile/06813197295291518166noreply@blogger.comtag:blogger.com,1999:blog-30499448.post-15142797949797496832006-11-12T23:06:00.000-08:002006-11-12T23:06:00.000-08:00Anonymous 1:27:
What the hell?!!? Does Oregon p...Anonymous 1:27: <br />What the hell?!!? Does Oregon procedure for discovery allow "ambush evidence" as well?! Yikes!<br /><br />I posted a literary comment in the last post when it seemed like it was more of a "deflowering" of innocence. This reads more like a prison gang rape. Screw Blake--you need "Songs of Innocence, Songs of Sodomy"<br /><br />I have always reviled so-called "expert" witnesses, just as much as the whore doctors that are for-hire for the insurance companies to not pay justifiable claims on a medico-legal technicality. <br /><br />My dad's a lawyer (estate planning, no trial shite anymore) and gets as nauseous as anyone over the bottom-feeders in the profession. Damn, I'm still agitated having read this...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-36484244702288079262006-11-12T15:29:00.000-08:002006-11-12T15:29:00.000-08:00im so sorry this happned to some one who feels so ...im so sorry this happned to some one who feels so intimate towards his patients, as you described you feel when doing surgery. methinks it is a parley of lawyers, surely. <br /><br />how did you recover? or is that the next post to come? <br /><br />it seems betrayal can come in the most unexpected and insidious manners at times when we are more suseptible than we think.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-20026161984079636432006-11-12T14:08:00.000-08:002006-11-12T14:08:00.000-08:00anonymous: this occurred around 25 years ago. It m...anonymous: this occurred around 25 years ago. It may be that the law to which you refer was not extant at that time. In any case, I recall seeing the "expert's" review very early in the process; probably forwarded to me by my insurer's attorney. This my first and most egregious experience, and as I said in my first post I was served after having moved to Washington State. I was in Oregon for about five years, have been here about 25...Sid Schwabhttps://www.blogger.com/profile/14182853083503404098noreply@blogger.comtag:blogger.com,1999:blog-30499448.post-35947913698281644352006-11-12T13:27:00.000-08:002006-11-12T13:27:00.000-08:00I am a surgeon still practicing in Oregon. I have...I am a surgeon still practicing in Oregon. I have also been sued in this state. Your description of the process is eloquent and accurate. Reading it, I feel intense emotions of anger, outrage, and sadness. You descibe exactly the way I feel as part of the process. In particular, I share your intense hatred and contempt for those who pose as experts, and for those who lie to protect themselves. <br /><br />One point about your story that I didn't understand was how you became aware of the plaintiff's "expert" testimony before trial. As you may know, Oregon law allows "ambush testimony." That is to say, the plaintiff does not have to reveal who their experts are until trial. Defense is not permitted to depose these experts to find out what they might say at trial. Its just one of those fun facts about Oregon law. Usually you are left guessing if they have experts, and who they are and what they'll say. If you know how you came to know about this asshole's opinions during discovery, I'd love to know how it happened. As frustrating as it is to read his lies, you are better off. Maybe revealing his report was a tactic to try to scare you into settling. If so, it clearly backfired. His outrageous lies have only strenghthened your resolve to fight. <br /><br />Keep your chin up. Sorry about the anonymous post (we may even know each other). I'll be watching and rooting for you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-10424510539495997882006-11-12T05:52:00.000-08:002006-11-12T05:52:00.000-08:00Dr Schwab, you have expressed what we all go throu...Dr Schwab, you have expressed what we all go through in a superb story. As one who has been there, I admire your ability to describe the surgeon's reaction to a baseless lawsuit by a money grubbing lawyer.<br /><br />For doctors in training who read the comments above and from Part One advising you to avoid surgery altogether or at least avoid practice in the USA, I have another perspective. If you believe that a surgical career is your destiny, do not give up your aspirations. You will regret not doing what you wanted to do for the rest of your life. But, please go into it with your eyes open- do not make yourself low hanging fruit for the lawyers. You will work very hard for your money, and wait a long time to get it. Make certain that you protect it. When you finish your training, you will be in demand, courted by headhunters who will promise you the moon. Before you accept a position anywhere, talk to an attorney who can advise you on asset protection. It is easier to do in some states than others, and this should be a factor in determining where you practice. Spending a few hundred dollars for this early in your career will ensure that you never have to hear a lawyer tell you that "This is a 12 million dollar case and you only have a million in coverage." If the million in coverage is all they can go for (because your other assets are not available), they will not try as hard as they would if you had 4 million in a brokerage account in your name, unprotected. You may hear that attorneys seldom go for more that the doctor's insurance coverage, but seldom isn't never and it's becoming more common to go for more if it's available.<br /><br />Make sure that you talk to a knowledgable lawyer, not just reading an article in Medical Economics magazine. Asset protection is very state specific. Do it early in your career, and it will be one thing less that you will have to worry about. If all else is equal, avoid practice in a state with "joint and several liability."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-57627315409920473972006-11-12T04:08:00.000-08:002006-11-12T04:08:00.000-08:00I love your labels at the bottom of these posts.I love your labels at the bottom of these posts.scalpelhttps://www.blogger.com/profile/12163296819469420123noreply@blogger.comtag:blogger.com,1999:blog-30499448.post-87775575551817197792006-11-12T02:25:00.000-08:002006-11-12T02:25:00.000-08:00As a patient, I hate lawyers who make good doctors...As a patient, I hate lawyers who make good doctors' lives miserable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-60697375464703983882006-11-12T01:34:00.000-08:002006-11-12T01:34:00.000-08:00Thank you for sharing. I eagerly await part III......Thank you for sharing. I eagerly await part III.....Palmdochttps://www.blogger.com/profile/12186215846685002902noreply@blogger.comtag:blogger.com,1999:blog-30499448.post-71580429621598541732006-11-11T23:34:00.000-08:002006-11-11T23:34:00.000-08:00OMG, your stopping here? This is as bad as when Ch...OMG, your stopping here? This is as bad as when Charity Doc. does this. <br /><br />I'm sorry you had to go through this.Cathyhttps://www.blogger.com/profile/13540096932312929506noreply@blogger.comtag:blogger.com,1999:blog-30499448.post-91181071414360763502006-11-11T22:21:00.000-08:002006-11-11T22:21:00.000-08:00July 1st I leave this land of Lawyer-raped healthc...July 1st I leave this land of Lawyer-raped healthcare system and start working in Canada...Less money, but damn worth every less cent!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-59405291657959769322006-11-11T16:04:00.000-08:002006-11-11T16:04:00.000-08:00Your descriptive powers are equal to the task once...Your descriptive powers are equal to the task once again. Being sued is a horrible experience. The sleepless nights, long hours in the OR, days in the office post-call are all acceptable if your patient gets better and thanks you. When the result of careful and competent care is a complication and years of painful legal abuse, it is hard not to question, "Why am I doing this?"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-83444955729936498752006-11-11T15:47:00.000-08:002006-11-11T15:47:00.000-08:00Gahhh!!!
*pause*
Nope, still panicking... Gah!!...Gahhh!!!<br /><br />*pause* <br /><br />Nope, still panicking... Gah!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30499448.post-89239579615573939652006-11-11T13:07:00.000-08:002006-11-11T13:07:00.000-08:00sometimes life seems to be a battle not to lose fa...sometimes life seems to be a battle not to lose faith in humanity. there are so many opportunities to do just that. i think this would have really tested my resolve to maintain some vestige of hope for our species. i'm glad this hasn't happened to me....yet.Bongihttps://www.blogger.com/profile/12918640034313468627noreply@blogger.com