Re: Woman's lawsuit claims assault during ultrasound

From: Allen Worrall (jworrall@alaska.net)
Tue Jul 4 10:23:41 2006


That is the way the legal system is in the US. Part of the reason is that in the US, an attorney usually takes a liability case as the plaintiff lawyer on a contingency basis: this means that if they win, the attorney takes 40-60 percent of the money awarded to the plaintiff. If they lose, the plaintiff pays nothing. Obviously the plaintiff attorney is not going to take a case that he or she does not think is going to result in a large reward, because the attorney pays all the expenses of preparing and presenting the case, and these expenses can run into the thousands of dollars in a big and complicated case, even hundreds of thousands. And if the defendant happens to NOT have a deep pocket, but the plaintiff attorney thinks he or she has a good case that they can win, then the plaintiff attorney looks around for someone with deep pockets, or groups with deep pockets.

And of course most of the people in state and federal legislatures are attorneys, so ultimately the laws go the way the attorney's want the laws to go.

Allen

>----- Original Message -----
From: "JOE ANTONY (hpop)" <joeantony@hotpop.com> To: "Multiple recipients of list ULTRASOUND" <ultrasound@dns.obgyn.net> Sent: Monday, July 03, 2006 10:19 PM Subject: Woman's lawsuit claims assault during ultrasound

> Hi Allen,
> Isn't that going too far?
> Joe.
> free to view ultrasound gallery>>
> http://drjoea.googlepages.com/
> Healthcare in Cochin and more>>
> http://cochinblogs.blogspot.com/
>

>> ----- Original Message -----
> From: "Allen Worrall" <jworrall@alaska.net>
> To: "Multiple recipients of list ULTRASOUND" <ultrasound@dns.obgyn.net>
> Sent: Tuesday, July 04, 2006 2:48 AM
> Subject: Re: Woman's lawsuit claims assault during ultrasound
>
>> That is the "Captain of the Ship" doctrine or theory: whatever doctor or
>> group of doctors, or hospital, or clinic, that was employing this
>> sonographer is responsible for his or her actions. If he had been
>> properly
>> supervised, trained, indoctrinated, etc, this would not have happened. If
>> the organization the sonographer was working for had a proper sexual
> assault
>> doctrine, policy, and training program, (which the plaintif attorney will
>> declare inadequate even if they have such a program), this would not have
>> happened.
>>
>> And of course the Captain of the Ship has far more money that the poor
>> employee. There is no sense in the plaintif attorney wasting his or her
> time
>> sueing a sonographer for millions when the sonographer obviously does not
>> have that kind of money. But a hospital, a radiology group, a clinic -
> ahhh,
>> that is another story. They have "deep pockets".
>>
>> Allen

>>> ----- Original Message -----
>> From: "Raul Limos" <rlimos@gmail.com>
>> To: "Multiple recipients of list ULTRASOUND" <ultrasound@dns.obgyn.net>
>> Sent: Monday, July 03, 2006 8:18 AM
>> Subject: Re: Woman's lawsuit claims assault during ultrasound
>>
>> > Why sue the other doctors?
>> >
>>
>




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