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Re: I Sympathize.....From: DoctorJoe@aol.comWed Aug 30 22:19:06 2000
In a message dated 8/30/00 9:23:58 PM, jbulley@cheshire.net writes: << So - Ann - what discussion would you have us have on the legit cases? How can we modify the system so only the negligent cases have their day? That is why many of us would rather see a poor outcomes compensation system. If you then went for malpractice - you would have to go to criminal court and prove above and beyond a doubt - rather than the preponderance of the evidence. the current 50.1% VS 49.9% rankels me the wrong way... >> One way to think of all of this... In fact, it's the 'right' way, is to consider what you're faced with. A TRIAL. If someone accuses you of something, you undergo a TRIAL (as in "trials and tribulations") to prove you're innocent. Right? So to my mind, the real problem here, if you want to pick a big one, is the insurance company playing a money game and figuring on settling if it looks monetarily beneficial. YOU DON'T GET A TRIAL TO PROVE YOU DIDN'T DO ANYTHING WRONG. Since insurance companies think this way, the PLAINTIFF ATTYs can play the game... Take a bullsh*t case and push it until it looks expensive, and the company settles for way more than the case is actually worth (since the doctor didn't do anything wrong anyway) just to avoid more expense. That way, the plaintiff wins something for little effort, and basically gets paid off by the insurance company to go away. Lost in the shuffle is the doctor who NEVER GETS TO EXONERATE HIMSELF! THAT, IMHO, is the real problem... Joe P. P.S. It's a domino effect, since the settlers get no reprimand... if they actually got nailed for filing a frivolous case, THAT would cost the LAWYERS and they'd shy away from trying this. But they KNOW there's a good chance that the company might settle...
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