"I'm alive, dammit!!!"

[dkgojackets]

Quote: Originally Posted by RAZRr1275

There's NO WAY for any human to EVER tell if it was criminal negligence or an accident. You'd have to be inside the person's brain at that time and that's not possible.

You don't have to be 100% sure or even prove it was negligence beyond a reasonable doubt, civil cases are decided based upon a preponderance of the evidence.

[RAZRr1275]

Quote: Originally Posted by dkgojackets

You don't have to be 100% sure or even prove it was negligence beyond a reasonable doubt, civil cases are decided based upon a preponderance of the evidence.

I know that but your post said that it was criminal negligence. I'm just saying that it's wrong to say either way because you don't know.

[dkgojackets]

Quote: Originally Posted by RAZRr1275

I know that but your post said that it was criminal negligence. I'm just saying that it's wrong to say either way because you don't know.

No it didnt. I dont know all the facts of this case so I cant say. My post was just saying that the exact same event (such as a UPS driver killing a kid in the street) could have different consequences depending on if it qualifies as negligence (driver fell asleep/was trying to eat while driving) or not (somehow the brakes snapped, etc.)

[RAZRr1275]

Quote: Originally Posted by dkgojackets

No it didnt. I dont know all the facts of this case so I cant say. My post was just saying that the exact same event (such as a UPS driver killing a kid in the street) could have different consequences depending on if it qualifies as negligence (driver fell asleep/was trying to eat while driving) or not (somehow the brakes snapped, etc.)

Yeah but driving is more black and white than a doctor. If a doctor used a defib like they should and the patient didn't revive then I'd agree with calling them dead. I just don't think that if that's the case you can call him negligence or really blam him for what happened.

[p_rushing]

The lawsuits are one of the main problems with health care costs today. Doctors and hospitals have to pay a ton for insurance and most of them have never had any problems. I would agree that you should get money for any medical bills on going for the same issue/cause and loss in wage difference, but really pain and suffering won't matter other than you getting rich. Unless it was a criminal act, the doctor didn't do anything on purpose.

[J.R. Locke]

Quote: Originally Posted by p_rushing

The lawsuits are one of the main problems with health care costs today. Doctors and hospitals have to pay a ton for insurance and most of them have never had any problems. I would agree that you should get money for any medical bills on going for the same issue/cause and loss in wage difference, but really pain and suffering won't matter other than you getting rich. Unless it was a criminal act, the doctor didn't do anything on purpose.

I find it amazing that there are certain industries in which accountability is thrown out the window because of respectability of the profession.

The American health care system is terrible and costs more but it has more to do with Americans, we have a lack of doctors because American's tend not to excel at these positions that require a lot of education and training. So we have to buy foreigners. We also have an chronically sick populace with preventable diseases. This cost to the system is the one no politician or person ever seems to want to tackle....and is the real reason cost have inflated in the last 20 years.

But the same people that often say that our current health care system is terrible never want to do anything to change it....like join the rest of the democratic free world and have universal health care.

I personally don't care I never go to the doctor and when I die I die.

[MassNole]

Quote: Originally Posted by p_rushing

The lawsuits are one of the main problems with health care costs today. Doctors and hospitals have to pay a ton for insurance and most of them have never had any problems. I would agree that you should get money for any medical bills on going for the same issue/cause and loss in wage difference, but really pain and suffering won't matter other than you getting rich. Unless it was a criminal act, the doctor didn't do anything on purpose.

No they're not. Why not question the greed of HMOs and health insurance companies? Don't forget stuff like people choosing to smoke tobacco over the years leading to a rise in health costs, or people who don't wear motorcycle helmets or seat belts and get in car accidents. Or the substandard conditions that lead to health complications, such as coal miners. Let us also not forget the growing obesity problem and the medical complications there from.

If it was not the negligence and mistakes doctors make there would be no lawsuits. You can't just sue your doctor because you feel like without subjecting yourself and your counsel to penalties under the rules of Civil Procedure. Furthermore most of the attorneys who handle medical malpractice cases only take cases they believe they can win because they do it on a contingency basis.

I have one potential client who was wronged by a doctor and it lead to months of needless suffering. The doctor who fixed the damage said the first doctor had to be an idiot for how badly he screwed up. So if I sue that doctor is it my fault health care costs go up, or is it the fault of the doctor who committed a grievous error?

Bottom line there are a lot of reasons why health care costs go up every year, and the medical malpractice aspect of it is at best a small portion of the reason.

[dkgojackets]

Quote: Originally Posted by J.R. Locke

I find it amazing that there are certain industries in which accountability is thrown out the window because of respectability of the profession. The American health care system is terrible and costs more but it has more to do with Americans, we have a lack of doctors because American's tend not to excel at these positions that require a lot of education and training. So we have to buy foreigners. We also have an chronically sick populace with preventable diseases. This cost to the system is the one no politician or person ever seems to want to tackle....and is the real reason cost have inflated in the last 20 years. But the same people that often say that our current health care system is terrible never want to do anything to change it....like join the rest of the democratic free world and have universal health care. I personally don't care I never go to the doctor and when I die I die.

huh