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Re: Birth trauma matter settles for $1.3MFrom: DoctorJoe@aol.comWed Oct 25 09:38:51 2006
In a message dated 10/25/2006 1:51:29 A.M. Central Standard Time, GIN11153@aol.com writes: Read the rest here: _http://www.milawyersweekly.com/feature.cfm_ (http://www.milawyersweekly.com/feature.cfm) Not sure I agree with the outcome and am opening it for discussion please. Well, I'm not sure if you CAN "disagree" with the outcome. There is no outcome. The case didn't go to trial. "The case settled at the time of the second facilitation for $1.3 million. The case evaluation was $1.8 million. At the time, the defense had filed two interlocutory appeals involving several Daubert motions and one Fulton 50 percent chance of loss motion, and motions attacking the specificity of the affidavit of merit and the notice of intent." The case was obviously settled. If the statements about BV and Michigan law are true, the defense should have won. But they settled, which, for them, might have made monetary sense. But from the point of view of the doctors, maybe it didn't make sense. If the doctors were "cut loose" before the settlement and the hospital alone took the hit, then everyone got what they wanted. Which might be why it settled. I wonder who the "experts" on MFM and BV were. Joe P. P.S. I think (someone from Michigan correct me if I'm wrong) that Michigan has the "affidavit of merit" which is an affidavit by a physician in that field saying the case has merit, which you have to have before filing suit. Maybe the affidavit was from a "hired gun" or some "old guy" who didn't practice or something. Apparently the defense was attacking it.
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