We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
From a medical malpractice defense lawyer: "I can pick any one of your charts at random and, in a little while, find a potential malpractice case in there. Why? Because few things in medical care work out perfectly, and they can easily find another doc in your specialty from an Ivy medical school to say, at $1500/hour plus expenses, that he would have done it a little differently. My advice? Move to Texas where they will appreciate you docs. Texas wants happy, caring doctors who do not view every patient as a potential lawsuit."
Was foreman on a civil case last year (car accident claim not malpractice) where all the physician witnesses for the plaintiff appeared by video tape as opposed to the single arrogant Jackass Orthopedic surgeon for the defense, who spent most of his time buffing his credentials as opposed to actually commenting on the case (I'm not convinced he'd even read the reports prior to testimony). After the trial, one of the other jurors (a Walmart clerk wannabee reveling in her one lifetime opportunity to stick-it-to-the-man) made the comment to the palintiff's atty that the in-person testimony carried more weight and why didn't you do so? Answer, it's the difference between $300/hr and $1500/hr. FWIW, I was of a completely different opinion and felt that the videotaped testimony was greatly superior to the live defense witness. Showed those doctors had real jobs/lives as opposed to the Jackass.
Soviet of Washington
Providing a link to a video showing the collateral damage left behind Governor Rick Perry's 2003 Tort Reform Act.
Here is a video showing the face of the doctor who dropped the ball and is now practicing in NYC.
Or, just Google: WHY DID YOU DROP THE BALL DR ANDRADE?
I am sorry that he died. The video certainly says that the death was avoidable and a tragedy.
I can understand her rage and she seems like the very person that this law was NOT intended to hurt. The law was supposed to stop frivilous lawsuits. If her accusation that the lawyers in Texas won't touch a case like hers today, we've certainly achieved that goal.
But it is perverse that a case that should be clearly provable would be such a leper from those tort lawyers.
I know this sounds cruel, but I wonder if the case is as cut and dried as she lays it out. Her video would have me believe that UTMB completely forgot her husband and thus caused his death. But if it were that simple, I can't believe that lawyers would avoid it.
Oh sure, they would rather have a $25 million settlement than a $200,000 settlement. But still, if it would be nearly as clear as she says, then some lawyer would pick up the case and run with it.
When you are involved in ANY business, from groceries to health care, you are going to make a mistake from time to time. The thing that scared me about the time before the tort reform was that one mistake might mean a doctor would lose his practice or a hospital might be forced to shut down despite getting 99% of their cases right.
Our medical miracles in the last couple of generations lead us to believe that we can cure everyone if we just get the right doctor on the case or give the right medicine. But the body is so complex that nobody gets it right all the time.
I do hope she gets justice. I am sorry her husband died.
I like the fact that ambulance chasers have less business. Oh, and I am a Texan, so this might affect me directly some day. My own experience with the medical professionals here is that they are almost all great all the time.