Re: Breech birth [Now Professional Liability Litigation]
From: art fougner, md (evsono@pipeline.com)
Mon Nov 28 18:32:42 2005
I was once named in a similar situation - never having seen the patient
involved nor was I in the building at the time ... I was dropped prior
to my deposition - it was the only deposition I actually awaited with
breathless anticipation LOL.
Art
At Mon, 28 Nov 2005, ainsron wrote:
>
>I was named in a suit from an incident that occurred four months before I
>arrived in the town I was to practice in when I was discharged from the Air
>Force. My employer had put my name on the door below his and the
>plaintiff's lawyer included my name on the list of defendants. It took a
>court order to be dropped and a lot of hassle.
>
>Ronald E. Ainsworth, MD, FACOG
>
>-----Original Message-----
>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Dean
>Huffman .
>Sent: Monday, November 28, 2005 2:12 PM
>To: Multiple recipients of list OB-GYN-L
>Subject: Re: Breech birth [Now Professional Liability Litigation]
>
>..
>
>Along those lines ...
>
>Once I was named in a professional liability case by mistake. The attorney
>for
>the plaintiff was so incompetant that he did not even review the records
>from
>my hospital or office -- just from the record of the patient at the hospital
>from which she was transferred.
>
>It turns out that somebody else, whose name is similar to mine, was the MFM
>to
>take care of her, but I was named (similar sounding name) rather than him.
>
>After a few months, I was dropped from the case on summary judgement.
>Nevertheless I always have to say, "Yes, I have been named in professional
>litigation." and to give the caption and details of the case.
>
>Dean Huffman
>
>- - - -
>
>Quoting Charlie Chambers <ricechaz@gorge.net>: Mon, 28 Nov 2005 15:31:13
>-0600
>
>> Some excellent points. Plus, the possibility that you may not be
>> insurable meaning that you may be unemployable. One thing to lose a
>> malpractice case, but to be forced out of careers that we all have
>> trained long and hard is unacceptable.
>> On Nov 28, 2005, at 10:14 AM, ENDODOK@aol.com wrote:
>>
>> > It is so easy for the inexperienced (ie never sued) individual
>> > to scream loudly about choice. They do not understand the financial
>> > and mental stress associated with any lawsuit- filed, threatened,
>> > settled or dropped. We are required by our liability carriers to
>> > inform them of any possible suit thus a potential claim file is
>> > opened. Even if ultimately the case goes nowhere, or if filed and
>> > dropped, the physician is "tagged" so to speak, and as these
>> > reported potential cases accumulate, the companies are spending
>> > money, and this results in surcharges that push liability premiums
>> > higher and higher.
>> > Being vindicated in a filed suit that went to court is of no
>> > solice, as those defense costs ( which can easily cost over a
>> > $100,000) are part of a doctor's run/loss record, which is
>> > recovered by the insurance company by large surcharges. The
>> > patient's consent may not carry the verdict for the defense.
>> > Acknowledging procedures that carry significant risk for a
>> > suboptimal result (eg VBAC/rupture/ maternal and/or fetal injury/
>> > death), the defense has to be avoidance of such situations.
>> > Personally, I am awaiting next year's liability statement from
>> > my carrier. It may be the last straw for me to continue medical
>> > practice.
>> >
>> > JGB
>>
>> ************************************************************************
>> ****
>> ************************************************************************
>> Charlie Chambers
>> Hood River, OR
>> cchamber@alumni.rice.edu
>>
>> "Almost anything you do will seem insignificant but it is very important
>> that you do it....You must be the change you wish to see in the world"
>> -- Mahatma Ghandi.
>> ************************************************************************
>> *******
>> ************************************************************************
>>
--
art fougner, md
"I knew I was going to take the wrong train, so I left early."
Lawrence Peter Berra
