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Five percent of all doctors were responsible for 43.3% of all medical malpractice payments.(Pg. 42)

http://www.npdb-hipdb.hrsa.gov/pubs/stats/2006_NPDB_Annual_Report.pdf

So if one of the 24,000 late-model vehicles you purchased had a high failure rate and caused the death of your son what would you do? What would you do if you were not able to sue because the Department of Transportation approved the vehicle for sale?

And if you have one of these vehicles would you call to determine if your vehicle was part of the recall. Maybe my son would have been better off if Chrysler had manufactured his pacemaker.

Chrysler Group is recalling about 24,000 late-model Chrysler, Dodge and Jeep vehicles to fix a defective part that could cause sudden, unexpected brake failure.

Owners of these vehicles can contact NHTSA’s vehicle safety hotline at 888-327-4236 or Chrysler at 800-853-1403

http://money.cnn.com/2010/01/18/autos/chrysler_recall/

It is this simple. Maybe that is why the Republicans are so hot for tort reform. It is those damn juries, you know, the common man.

“Let’s look at how a tort trial typically works. The injured party has a lawyer (you know, the “bad guy”). The doctor/corporation/defendant has a lawyer (or lawyers). There is a judge. And then there are twelve (sometimes six) ordinary citizens. – the jury.

The injured party’s lawyer has a chance to tell his client’s story. The lawyer(s) for the doctor/corporation/defendant has a chance to tell his(their) client’s side of the story.

The judge tells the jury what the rules they have to apply to the case are.

Then the jury makes a decision.

It is this last group of people the Republicans are really complaining about. They are the ones deciding whether to award money to the person who claims s/he was injured.

But to hear the Republicans tell the story, you would think that there is only one lawyer in the courtroom (the injured person’s lawyer), the judge is asleep, and the injured persons’s lawyer is sitting with the jurors as they deliberate, telling them what to do.”

I have read several studies that point out that my chances of winning any case related to medical devices would be better served out of the jury system and with a set of experts.

“Physicians widely believe that jury verdicts are unfair. This Article tests that assumption by synthesizing three decades of jury research. Contrary to popular belief, the data show that juries consistently sympathize more with doctors who are sued than with patients who sue them. Physicians win roughly half of the cases that expert reviewers believe physicians should lose and nearly all of the cases that experts feel physicians should win. Defendants and their hired experts, it turns out, are more successful than plaintiffs and their hired experts at persuading juries to reach verdicts contrary to the opinions of independent reviewers.”

http://www.michiganlawreview.org/assets/pdfs/105/7/peters.pdf

Yes, I have heard that many times and neither is the justice system but yet we are willing to take rights away from the common man that can least afford justice through the use of caps.

The justice system is not perfect. Frivolous lawsuits do happen just as medical mistakes do but why not spend as much energy trying to eliminate medical mistakes and moving bad doctors out of the system as the system is spending on hyping the “frivolous” lawsuit red herring.?

Is it because doctors, insurance and business have the money and power and everyone hates those scum of the earth lawyers. For some reasons all the scum from the bottom of the barrel goes into law school. Why is that? Why is it that all the honest and ethical people go into medicine, the insurance industry and business and that all the scum from the bottom of the barrel practices law? Why? Because it is easier to go after trial lawyers.

So now what we will have left is a system where medical mistakes still happen and the only system where you can seek justice will not be there for you.


“At Northwestern University’s prestigious research hospital, one heart doctor is making a serious accusation against another. Nalini Rajamannan alleges that Patrick McCarthy, her former professional idol, engaged in "human experimentation" on patients’ hearts without their approval.
http://online.wsj.com/article/SB126151643854401921.html

I do not know about you but I would like to know when a device has been implanted in me that is being modified in some way. I would like to understand the risks and benefits of such a device and how much better the device is over another device. Is this so much to ask for?