phatmonky said:
blah blah blah... the other lawyer didn't go through his dozens of expert witnesses trying to find one to support this claim.
So the other lawyer was an incompetent dunce. How is this a problem with John Edwards?
This is a great character story IMO. It shows Edwards true colors.
I'm glad you realize that. He believes that you should do your job well. If all Americans were as vigilant and hard working I'm sure our country would be greatly improved.
The system IS screwed up, and Edwards is against tort reform, and for protectionism. ATLA is his best friend.
Good for Edwards. "The system" is still skewed toward large corporations. There is no state mechanism in place to force them to pay you just damages, even if they commited a crime in injuring you. A trial lawyer working for a contingency fee is the only recourse for ordinary people injured by any corporate entity. Large corporations don't like that. It is in their economic interest to injure people with impunity.
Protecting incompetent doctors? Perhaps I am more sensitive to this all since I am in Texas, but in 2001, 52% of Texas physicians were sued for malpractice. You're telling me that is right? that is what is supposed to be happening?? That is a lawyer problem, not a doctor problem.
No, that is a doctor problem. Because it is known that incompetent doctors are free to practice, it makes it likely that a medical mishap was caused by incompetence. If doctors don't want to be sued, they should make it unprofitable for lawyers to sue. The only way to do that, is to strip incompetent doctors of their right to practice. If the AMA would eliminate 90% of the incompetent doctors, lawyers would find that they were losing a disturbingly large number of cases. After losing cases, they would hesitate to sue. Instead, the AMA fights every medical incompetence finding tooth and nail. There are no incompetent doctors, according to the AMA.
For forty years there have been stories of wrong limbs being amputated, left instead of right. There is a simple solution. Every medical school in the country should adopt exactly the same regime to denote which side of the body a limb should be amputated from. Very simple. In one generation the problem will vanish. It still has not been done. It can not be done. It can not be done because the AMA would have to admit that its past practices were flawed in an obvious manner. Since no doctor has ever made a mistake, that just can't be.
EDIT - and let's not forget that he is also against tort safety for doctors who donate their time to do free procedures. A doctor goes to help for a day at an inner city area, short of doctors from huge tort, and in exchange he gets sued for his FREE assistance.
Perhaps we should also issue liscences to philanthropists allowing them to hunt and kill a few poor people, depending on how much they give.
So, because the victim of incompetence is poor, they should be allowed to be mutilated and killed with impunity? Say some doctor doesn't bother washing his hands between patients and spreads a lethal resistant strep infection to 20 people whom he treated for free. He should be forgiven? And you know who are the biggest violators of hospital policies about handwashing are - not orderlies not nurses, it's doctors.
The biggest problems in medical malpractice law would be most effectively alleviated by eliminating a significant number of incompetent doctors.
No inner city area in this country is short of doctors because of torts. Poor areas are short of doctors because they are short of people with health insurance. Any effect of torts would be at a state level.
Njorl