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Re: OB: Why is there litigation for persistent nerve injuryFrom: Ealgail (Ealgail@aol.com)Mon Apr 27 17:46:32 1998
In a message dated 98-04-26 11:11:52 EDT, you write: << However, there is something basically wrong with a doc having to endure litigation when (s)he is merely a victim of chance. This burden is unfair and may pursuade those with the talent to practice medicine to turn elsewhere for a career. The greater good is not served by this type of litigation.. >> The legal community has the attitude that if a physician is not at fault, that will come out in the evidence. The problem with that thinking, is that a physician is damaged by the "filing" of a lawsuit and the expense of defending. The defense may drag on for years before the outcome; so the physician is always "injured" even if he/she is innocent and the patient is not injured. If the Court (the judges) was doing their job, then many suits would be dismissed for lack of injury at summary judgement. The practice is to almost never give summary judgement; and Courts are the ones who allow the process to drag on for years. The process is corrupted and not even fixable at this point in time. The incentives must change; but it would require lawyers (legislators) to change it and that is not going to happen. Linda Linda Morrison-Boczar, MD MBA FACOG Sarasota, FL
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