Re: Example of out of control US legal system
From: art fougner, md (evsono@pipeline.com)
Thu Apr 13 09:52:36 2006
What often happens with "Dueling Experts" is that they tend to cancel
out. The jury is then left with an injured plaintiff and heart triumphs
over head.
Art
At Thu, 13 Apr 2006, Pamela Hollsten wrote:
>
>Overlooked in cases very often is the fact that to get to a jury, there
>must be physician experts involved for both sides. Perhaps the real
>target here is not on the system itself, but on medical experts that
>participate in cases of questionable validity - thereby
>promoting/allowing these cases to go forward? Expert testimony is
>required for all medical malpractice cases to proceed. No expert, no
>case.
>
>Pam Hollsten
>Mailto:pahollsten@earthlink.net
>
>-----Original Message-----
>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of D.
>Ashley Hill
>Sent: Wednesday, April 12, 2006 9:23 PM
>To: Multiple recipients of list OB-GYN-L
>Subject: Example of out of control US legal system
>
>>From Orlando Sentinel online, regarding a nearby suburb of Orlando. I
>do not know the details of this case, but $28,000,000 is a lot of money.
>The college and medical students I teach read these articles, so very
>few want to pursue ob/gyn. How can our society continue to afford to
>shell out such huge awards, particularly for cases like this one?
>
>SANFORD -- An Altamonte Springs woman today won a $28 million jury
>verdict in one of the biggest medical malpractice awards in Seminole
>County history.
>
>Jeanette Davis, 42, a state employee, sued her gynecologist, Dr. Robert
>Bowles, alleging he botched an operation.
>
>Davis, who had given birth to two children, suffered from minor
>incontinence, but after Bowles operated in 2001, she was unable to
>urinate naturally.
>
>Davis testified she must now catheterize herself two times a day, a
>condition that will last the rest of her life.
>A six-member panel deliberated two hours today before returning its
>verdict.
>
>Bowles' attorney, Richard Womble, said the doctor was not negligent. He
>said Bowles was monitoring Davis' progress, but then she stopped coming
>to him for care. Womble said the award was far out of line with the
>damage she suffered. He said he would ask for a new trial and that
>Circuit Judge Debra S. Nelson reduce the award.
>
>Ashley
>
>--
>D. Ashley Hill, MD
>Associate Director
>Department of Obstetrics and Gynecology
>Florida Hospital Family Practice Residency
> and Loch Haven Ob/Gyn Group
>Orlando, Florida
>
--
art fougner, md
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