Caps on malpractice

[whitecobra]

Paul and I seem to be on the same page here
As for lack of consortium it means you "ain't getting lucky enough" not that your kids existing don't' get medical care

I am ALL for expenses being paid but lets face it when the idiot who dumped the coffee in his crotch at McD's won his 8 digit suit it wasn't to replace his barely existent job it was to tell the world that the USA allows big companies to be on big hooks for little actions

Come on if you dump the coffee on your privates because you were to lazy to fat or to in a hurry to get the food INSIDE and eat it then why make McD's responsible for not writing on the cup in big enough letters "contains HOT coffee"

This same jerk would have sued them for ripping him off if they served him cold coffee as well

I understand in the UK you can sue but only for stuff you ACTUALLY lost like medical bills lost wages etc....

As I mentioned (or maybe didn't') I was a witness in a case that the plaintiff CLAIMED she lost her ability to be clairvoyant after a simple surgical procedure. She actually traipsed in "experts" to testify to "former ability"

So lets ASSUME she was able to do some "extra terrestrial stuff" how do we KNOW she isn't' able to now but just CLAIMING to not be able to

Jury never got the case the lawyers saw the indications in the jury and settled out for a 6 DIGIT figure (an no decimal points in that figure)

I am ALL for paying for bad outcomes (which today is NOT compensable by the way) ONLY mal-practice is litigatable. If an outcome is stated as reasonable to occur and the patient makes an informed decision and that bad outcome happens it is NOT a litigious situation. BUT if the outcome was outside the normal list of outcomes then it IS litigated

Caps have NOTHING to do with this only apply to pain and suffering and the like. If we apply 200K limits we can still see 9 and 10 million dollar suits since the suits will include the medical and daily costs to the patient but the "above and beyond" expenses are capped at 200K

Dr D

[MilDoc]

FYI: Let me give you one illustration of how the American jury system of our "peers" works. In a former life I was medical director of a child abuse program (16,000 cases seen, 1,200 court appearances as an expert, and not just for the State).

At a sports event a father (non-American) attended with his 5 yo daughter who was being very "cranky." He was seen to "tickle" her "between her legs" over her panties. Police were called, he was arrested for sexual abuse. IMHO this was not sexual abuse and several abuse experts agreed (for reasons I won't go into). The State filed for termination of parental rights on the girl and her brother.

I contacted an American Professor of Anthropology and Sociology who had lived for 5 years in his country of origin, who went to court with me to testify that this was indeed common practice in that country with children (boys and girls) under the age of 8 years and was not sexual abuse by their standards.

Of course, the jury was horrified by this behavior, despite my, the profs, and 2 other CA experts testimony. Parental rights were terminated. The parents lost both their kids, wound up divorced, dad lost his successful business.

Fair? H**L NO! But the jury had ruled. "Expert" testimony did nothing to dissuade them.

Courts are a show, a theater. Juries are called upon to rule on things they know absolutely nothing about, whether malpractice, engineering disasters, complicated financial stuff, etc. And many people assume if you were arrested you must be guilty.

Wrong.

Now we see too many folks released from death row after too many years when DNA evidence (not available at the time of conviction) proves them innocent. Do the DA's ever say "We were mistaken?" Not that I've seen.

Hope none of you or your families ever get arrested tho' you're innocent. Unless you can afford an excellent attorney at hundreds per hour, $$$$$ per incident (think: OJ) good luck.