Would you stop?

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carddr

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If you were driving down the highway and an accident happened in front of you, would you stop and as a resident/doctor would you offer assistance? I think it use to be called The Good Smaritan, now its called LIGATION... any comments? <img border="0" title="" alt="[Frown]" src="frown.gif" />

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There are Good Samaritan Laws everywhere man, to protect you from both LIGATION and LITIGATION. Ha!
 
oops, just read my post...should be Samaritian and LITIGATION. Sorry about that!! :clap:
 
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I would hope that you would stop even if you weren't a doctor/resident/emt etc...Even if it wasn't a law you should always attempt to render aid if you see an accident (i'm referring to obviously serious accidents, not soo much low speed fender benders where everybody is out of vehicle). Don't attempt anything out of your scope of knowledge and you'll be fine. you won't have any equipment with you anyway regardless of your training. Opening an airway etc... is all you may need and should do.

in short.......YES YOU SHOULD STOP!

later
 
Of course stop and help to the best of your ability. The Good Samaritan Laws serve the purpose of protecting you against being sued as long as you are not negligent in helping to the best of your ability, even if that best is just calling 911.

Because of the remote roads, lack of traffic, and dangerous weather in Alaska, you are required by law to stop and assist those in an accident or broken down.
 
Wow, Freeeedom! you are one fast dude. I stand corrected. So the Good Samaritian law actually protects you from Litigation...hummmm tell Court TV that.
 
•••quote:•••Originally posted by famtiadr:
•If you were driving down the highway and an accident happened in front of you, would you stop and as a resident/doctor would you offer assistance? I think it use to be called The Good Smaritan, now its called LIGATION... any comments? :(•••••This is an interesting topic for discussion. As an EMT we were taught that the man/woman with the most training was in charge of a call. This means if you stop at the scene of an accident, you can conceivably give orders to paramedics and EMT's in patient management. This even applies to recent grads who are fresh out of med school. Be careful though, as many of you do not have emergency training at all! It is very different than training you have received in your clerkships. If you do order meds/treatments that cause unnecessary damage to the patient, you can be held culpible, samaritan laws be damned! What should happen and what does happen are two entirely seperate issues when it comes to lawyers. The legal profession often behaves like a bloodsucker, and just because you are helping out of the goodness of your heart doesn't mean you are without responsibility to them.

If you do stop at the scene of an accident, don't let your ego carry the day. There is a lot that a paramedic can do, and if you are unsure, simply say so. The credo should be stop and help to the best of your abilities. Just don't let the MD emblem obscure what you really know after 4 short years of med school.
 
Just about everyone is right about this...however my favorite lawyer in the family agrees with Klebsiella in regards to the legal angle. This is a very touchy matter, because the minute you decide to stop you become part of the witness selection to any future litigation. And thats ok if you have a great lawyer, but it has the potential to cost you big time, and some serious $$$. Further make sure you call 911 and identify yourself immediately and to all emergency personnel and its important to make sure you have witnesses to any procedures you chose to do. And for goodness sake WRITE down as soon as you can EXACTLY what YOU did, not what anyone else did but what you did. Get names, addresses of any witnesses,other than EMT,etc. BTW, he laughed at the good samaritian law preventing ligitation...not going to happen, especially if you drive up in your red ferrari, and that custom-made Italian suit you love to wear, forget it. I didn't make the rules, but lawyers have to make a living too.
Am I the only one that hates lawyers??? But thats another post.

I told him, I wouldn't care I would still stop and help to the best of my ability, using my best judgement and of course his. (although he is not a defense lawyer). :oops: :oops:
 
•••quote:•••Originally posted by 12R34Y:
•I would hope that you would stop even if you weren't a doctor/resident/emt etc...Even if it wasn't a law you should always attempt to render aid if you see an accident (i'm referring to obviously serious accidents, not soo much low speed fender benders where everybody is out of vehicle). Don't attempt anything out of your scope of knowledge and you'll be fine. you won't have any equipment with you anyway regardless of your training. Opening an airway etc... is all you may need and should do.

in short.......YES YOU SHOULD STOP!

later•••••I don't necessarily agree with this advice. While helping others in need is certainly a fine tenet of medicine, there are many emergency settings where YOU SHOULDN't stop. The first thing everyone should remeber is CYA. If the scene is dangerous, don't risk harm to yourself or those with you by braving unfamiliar emergency scenes, EVEN IF SOMEONE IS DYING. For those of us with EMT or Paramedic training, you have more street experience and can judge this with a little more experience.

The best scenarios most ammenable to 'helping' are those with fire rescue or the PD on scene to help direct where you should and should not go. We the medical public are largely untrained in these street situations, and stopping all too often results harm to person.

Stop and help only if its safe to.
 
Originally posted by tman:
[QB]as i understand it...good samaritan laws vary from state to state, but in most states they are aimed at protecting non-medical professionals. If you are a medical professional and you do stop and render aid you are not protected under this law..you are expected to provide care at the same level of proficiency as you are trained at. So as a physician..an off duty paramedic or PA if you stop and the patient has a bad outcome...look out for the malpractice lawyers they'll be coming your way! You are also not legally obligated to stop, perhaps morally but not legally.

Of course I'm not a lawyer..and I haven't slept in a holiday express lately so I could be way off base..but that's how it was explained to me.

Oh yeah to answer the original question, if it was a bad accident and i thought I might actually help out the situation I probably would. The thing is that for trauma there is very little you can do in the field other than apply pressure to a bleed, or stablize a c-spine until an ambulance comes. Most people walking the street know enough to do that.
 
Originally posted by tman:
[QB]as i understand it...good samaritan laws vary from state to state, but in most states they are aimed at protecting non-medical professionals. If you are a medical professional and you do stop and render aid you are not protected under this law..you are expected to provide care at the same level of proficiency as you are trained at. So as a physician..an off duty paramedic or PA if you stop and the patient has a bad outcome...look out for the malpractice lawyers they'll be coming your way! You are also not legally obligated to stop, perhaps morally but not legally.

Of course I'm not a lawyer..and I haven't slept in a holiday express lately so I could be way off base..but that's how it was explained to me.

Oh yeah to answer the original question, if it was a bad accident and i thought I might actually help out the situation I probably would. The thing is that for trauma there is very little you can do in the field other than apply pressure to a bleed, or stablize a c-spine until an ambulance comes. Most people walking the street know enough to do that.
 
This question can only be answered this way:it depends. Where is the accident-- on a rural road 2hrs away from a hospital-- (then I would stop and help) or is it in a suburban area where every hospital is less than 10 minutes away (I would think twice about helping because the Paramedics will show up and take over and will really know what is going on-- I would place a call in and demand that EMS show up ASAP). In one instance, you might be able to do something to save a life, in the other instance there are people who will do a damn good job getting that person stabilized on their way to a trauma center. A doctor can do his best in the hospital or office, the paramedics are great at getting people to the doctors. In this situation, once the prameds show up, I would do what ever they told me to do ( I believe this would be in the best interest of the patient).
 
•••quote:•••Originally posted by tman:
Originally posted by tman:
[QB]The thing is that for trauma there is very little you can do in the field other than apply pressure to a bleed, or stablize a c-spine until an ambulance comes. Most people walking the street know enough to do that.•••••I disagree with this opinion on both points. Firstly there is quite a bit a trained professional can do. It depends on your training. If you do possess previous EMT training, stabilizing a patient might very well mean saving his/her life. You can alleviate the burden of a bad outcome.

On the second note, having logged over 1500 emergency calls as an EMT, I can tell you that most people DONT know what to do. An emergency scene, especially a busy one with lights, sirens, screaming injured is perhaps one of the most intimidating scenes lay folk encounter. I responded to highway and local calls ranging the gamut in severity. The general public 99% of the time acts as your audience. Applying pressure, and stabilizing a C-Spine may seem 'simple' to the seasoned EMT, paramedic or Er physician, but it is quite daunting a task to the general public and most MD's.

I remember a scene during my first year of medical school when a visitor suddenly dropped and started seizing on the floor of our univ cafateria. There were about a dozen MD's who watched nervously, including all types from gp's to CT surgeons. In the end it was me barking out the orders to attendings.

The point of the story isn't to highlight how brilliant I am (I'm not). It is to point out the difference between medical care and emergency care. In the ER, they go hand in hand. On the street, your medical license doesn't necessarily mean you feel comforable controlling and stabilizing EMERGENCY scenes.
 
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•••quote:•••Originally posted by RAM#48:
•Re Kleb's quote "If you do order meds/treatments that cause unnecessary damage to the patient, you can be held culpible, samaritan laws be damned!"

I would hope that a physician would be held responsible for inapproriate treatment even if they are only "trying to help".•••••Ram,

My point isn't to encourage inappropriate care. The point I was trying to make is that if you stop and put your fingerprints on a call, you can and will be named if something goes wrong. The overwhelming majority of the time, the health care provider isn't to blame. Just a benevolent sole who tried to help, and had the misfortune of being present during a doomed call. The lawyers and legal profession could care less whether you acted expertly or not. They care more about how much money is in your bank, and how to get it from you. This is a real pitfall, as being sued by these bloodsuckers can actually destroy you and your family's life.

The other point I was trying to convey is that stopping and helping may sound nice, is often filled with peril.
 
well i've been wrong before. I will defend those opinions by first(ly) lol.. not taking credit for them, they were the opinions of my EMT course director a couple years ago. He was an EMT-P with 25 years of experience in EMS, and it made sense to me at the time...and still does. If you happen to have an EMT kit complete with airways, O2 and traction splints then I would agree with you Klebsiella, however I don't normally drive around with all that stuff, I do know some EMT's that do, but I know more who do not stop when they are off duty.

Your other argument about most docs freaking out just adds credence to what I was saying. Unless you deal with it all the time (i.e. an emergency medicine doc/surgeon) it's probably not a great idea to dabble in it when it it arises out of the blue. You are just asking for it.

I do agree with what hosskp1 had to say though. Just my opinions...feel free to flame away I've got my nomax flight suit on... :p
 
Tman,

No flaming forthecoming from me at least. I appreciate your point of view, even though I disagree with parts of it. :)
 
Whew...Good thing! I was just bluffing about the Nomax...I really don't sit in front of my puter with my flight suit on... :wink:
 
The point is, that even if you are a benevolent "sole" (sic) trying to help, you should be held responsible if something goes wrong. One should realize however that the vast majority of EMS calls go off without a hitch. Just because there is a bad outcome doesn't mean litigation will be involved. Sometimes the ones that get litigated you would never expect it, and the outcome may not be necessarily that bad.

Also, there are lawyers out there who are not as bad as everyone makes them out to be. Who do you think defends hospitals? Even when doctors screw up badly. That's how our legal system works. May not be perfect. This is coming from someone who has been deposed and been torn to shreds on the witness stand more than once, because that is what lawyers do.

I wouldn't stop for an accident unless it was REALLY bad and nobody was there. Much as I loathe to stop, opening an airway could easily save someones life.
 
I was an EMT for a heavy construction company (they owned me and the ambulance). I was driving to work in the rig and I came up on serious MVA. pedestrians were flagging traffic already, so I drove through at about 10mph. I stopped. People were frantic. Without details, I jump out with my bag-o-goodies and all I could do for anyone was hold a C-spine in a car with 02. I was reamed pretty hard when the attorneys at work got a hold of a letter that a trooper wrote to our company thanking me for my work! I was told not to stop in those situations and was to call 9-1-1. I couldnt imagine not stopping IF I felt I could do any good. Didnt tell the attorneys, but I would have rather been dismissed for stopping than the possibility that someone is paralyzed for life because all the good citizens decide to yank someone out of a rollover...
 
•••quote:•••Originally posted by RAM#48:
•Also, there are lawyers out there who are not as bad as everyone makes them out to be. Who do you think defends hospitals? Even when doctors screw up badly. That's how our legal system works. May not be perfect. This is coming from someone who has been deposed and been torn to shreds on the witness stand more than once, because that is what lawyers do.

I wouldn't stop for an accident unless it was REALLY bad and nobody was there. Much as I loathe to stop, opening an airway could easily save someones life.•••••There may be lawyers out there 'that are not as bad' but they represent .0000000000000001% of the bunch sad to say. As a group, they represent many of the evils of medicine. The fact that anyone has to think twice about stopping and helping out someone in need makes me ill, and quite frankly. Lawyers that defend hospitals are only needed because other legal vultures are on the prowl to legally steal money from everyone. Without lawyers, there wouldn't be a need for em. Funny how that works isn't it?

I would add that there are physicians who are equally corrupt and devilish, although they are few and far between. I'm talking about the orthopods who corroborate all the bs the ambulance chasers pay them for. Happily, they are not representative of the bunch. Lawyers however, represent everything I hate about medicine. They negatively affect how every patient is managed, and not in a good way. For me at least lawyer=corruption.

I better stop lest my bias show.
 
•••quote:•••Originally posted by RAM#48:
•The point is, that even if you are a benevolent "sole" (sic) trying to help, you should be held responsible if something goes wrong.•••••Ram,

I'm gonna go out on a limb here and suggest that you have legal training or are in some way intimately connected to this awful profession. Reread this comment you have offered us. It is precisely this nonsense that you have so eloquently stated, why the mere mention of lawyers makes my area postrema cringe.

We as physicians SHOULD NOT be held responsible simply because 'something goes wrong'. In medicine tons goes wrong every day. Chances are my decisions will quite often result in patient death, despite delivering expert care. This is what the lawyers are blind to. This is why ANY baby born with unpreventable congenital anomilies represents a lotto ticket to malevolent lawyers. This is precisely why there are so many uninsured recieving poor care at exorbitant prices. Multimillion dollar lawsuits are sadly passed on to everyone.
 
My apologies to the community. I realize that my comment 'malevolent lawyer' is a bit of a redundancy. Just didn't catch it in time.
 
Sigh.

Inflammatory and knee-jerk responses don't win many arguments and won't get you too far in life.

I am not in the business of schilling for the legal profession, I am just trying to avoid a myopic view of the issue. I am a medical school student.

My point is that a doctor can and should be held responsible for mistakes OUTSIDE of the standard of care. Bad outcomes happen to good doctors all the time unfortunately and they can get reamed for them. I am not saying this is a good thing. Bad outcomes that result in lawsuits are not always due to physician mistakes, and this is not right. Unfortunately there is an inherent uncertainty to medicine that no one can control.

I am not connected to the legal profession, except that I have many friends and acquaintences that are attorneys. Not a single one does medical malpractice and they are all "good" people. Making the generalization that all lawyers are bad and all docs are good is *****ic. There is a bell curve, just like the rest of life - good ones of each, bad ones, and a whole bunch in the middle. Good lord, you may as well may a generalization like "MD's are better than DO's" or "men make better surgeons", or something equally asinine. Most attorneys are just doing a job - pushing papers, brokering deals, writing briefs, drafting legislation, and other equally mind-numbing tasks.

Also, there are many other reasons why health care costs have risen stratospherically - technology, uninsured, insurance companies, etc.
 
My comments are neither inflammatory nor knee-jerk. They are well thought out and substantiated cogent arguments that happen to be correct. The fact that you label them 'inflammatory' says more about you.

The bell curve is not a universal truth. Before you offer your own 'knee-jerk' selfless defense of the legal profession, I would recommend you do your research. Lawyers and their political counterparts are singlehandedly destroying a precious and time honored profession. Rather than simply state my 'knee-jerk' opinions, I have gone out of my way to educated myself and join lobby. I have traveled to various state capitals and met with a dizzying array of politicians including governors and senators. Sadly, the trial attorneys have most of em in their back pocket. The end result is lotter judgements against physicians who are run out of business because a 'jury of your peers' couldn't understand DNA evidence. Lawyers suck, and they manipulate these juries to not only harm physicians financially, but they deliberated run physicians out of business. This is a hateful practice perpetuated by a rather evil business. Unfortunately the curve is skewed to the left when it comes to lawyers.

Your have mistated your point. You clearly stated "The point is, that even if you are a benevolent "sole" (sic) trying to help, you should be held responsible if something goes wrong."

This is the credo of the trial attorney. If something goes wrong, the doctor has to pay irrespective of whether he/she actually acted beyond the scope of care. Physicians as a group very rarely act negligently. Fortunately for lawyers the meter is not negligence. The meter is as you state 'you should be held responsible if something goes wrong.' This is pure and utter rubbish. And I'm ashamed that a colleague of mine wishes to perpetuate a hateful lawyer dictum that is diametrically opposed to the hippocratic oath and everything good about medicine.

There are both good and bad lawyers as there are good and bad physicians. There are just a whole lot more good physicians and a whole lot more bad lawyers.

Your arguments about the cost of health care are all intertwined in this bloodsucking profession that is poised at destroying any and every attempt to deliver quality care for patients. When multimillion dollar judgements are rendered, insurance companies pay. In turn they pass the cost on to patients and decrease physician salaries accordingly. As a result there are far fewer resources available for technological advances and research, and quality time with patients.

Lawyers phooey!
 
•••quote:•••Originally posted by Klebsiella:
•My apologies to the community. I realize that my comment 'malevolent lawyer' is a bit of a redundancy. Just didn't catch it in time.•••••this reminds me of a good joke I heard

Q: What do you call 1000 lawyers at the bottom of the ocean?
A: A good start.

Let me know if I got the joke wrong. IF you are offended so what-- you must be a lawyer. IMHO, lawyers are scum
 
Pleased this topic provided a venue for a "lively" discourse... I learned a lot and I think all of us will think twice before we hit the brakes.

However on lawyers, been around them most of my life and it's interesting most lawyers would agree with us about all the legalities in the medical profession and the negative effect it has had.

But don't throw the whole legal profession in the formula... there are Intellectual Property practitioners,Real Estate Lawyers, Tax lawyers,etc. Trial Lawyers are some of the rascals you are calling into the mix and they can be mean characters just by their nature. But you are a complete fool if you go into the medical profession without realizing you are going to need lawyers in many areas of your life including litigation.
 
•••quote:•••Originally posted by famtiadr:
•However on lawyers, been around them most of my life and it's interesting most lawyers would agree with us about all the legalities in the medical profession and the negative effect it has had.

But don't throw the whole legal profession in the formula... there are Intellectual Property practitioners,Real Estate Lawyers, Tax lawyers,etc. Trial Lawyers are some of the rascals you are calling into the mix and they can be mean characters just by their nature. But you are a complete fool if you go into the medical profession without realizing you are going to need lawyers in many areas of your life including litigation.•••••Hi Fam,

I think everyone reading and responding to this thread realizes that we are all gonna need a scumbag lawyer many times throughout our profession. But this is because other scum lawyers will be suing us. Just rid us of the whole damn profession and there wouldn't be a need at all.

Disclosure: I have been around this vermin quite extensively as well. Additionally many close friends and family have entered this dreadful profession only to realize how parasitic the profession is, opting to use the JD for something other than law. The greatest accomplishments of lawyers include defense of lowlives like OJ simpson. Just think, if Bin Laden is caught alive, there will be a piece of garbage lawyer ready to defend him as well.
 
•••quote:••• The greatest accomplishments of lawyers include defense of lowlives like OJ simpson. Just think, if Bin Laden is caught alive, there will be a piece of garbage lawyer ready to defend him as well. ••••Was the American lawyer who prosecuted the nazis--Telford Taylor--a "scumbag?"
Was Clarance Darrow a "lowlife" for defending Scopes?
How about Landis, Marshall, Warren or Holmes in their service on the Supreme Court--did they "only care about how much money is in your bank"?

So-called "lowlives" can be found in every profession...
Accounting: arthur anderson's houston office
Business: enron, global crossing, Philip Morris
Banking: pick your S&L executive
Politics: teapot dome, watergate, monica's dress
Television: fox news and cnn's scandal-mongering
Sports: mike tyson, french judges, bud selig
Church: ask little boys in boston
Academia: grades-for-sex on campus
Medicine: OxyContin-dealing docs
--And yet, most of the people in all of these professions are honorable, hard-working people, whose work serves a valuable soical function.
Let's stop making ignorant generalizations...

Moreover, if Bin Laden IS caught, he SHOULD be defended, and defended well. The reasons should be obvious.
 
Hi Dingis,

It's very easy to make a list of just about anything. That doesn't prove a point one way or another. Especially since I didn't say that all lawyers are bad. Nor did I say ALL doctors are benevolent. I did say that on average, you are more likely to find a 'good' doctor than lawyer. I stand by that claim.

Bin Laden should be shot on site. But I'm certain there would be no paucity of legal minds ready to jump to defend this human shaped evil form.

And again, there would be no need for lawyers at all, good bad or otherwise, if there weren't lawyers to begin with. I repeat this point, because it seems I have not made myself clear.
 
Now that you put it that way...is there a better world some where, if so, when can I leave? Who made all this mess? And how can WE make it better?I think we're getting off track on this tread.
 
•••quote:••• It's very easy to make a list of just about anything. That doesn't prove a point one way or another. Especially since I didn't say that all lawyers are bad. Nor did I say ALL doctors are benevolent. I did say that on average, you are more likely to find a 'good' doctor than lawyer. I stand by that claim.••••The amount of honor in most professions is a function of the systems that drive the profession, rather than the cumulative moral character of those that entered it. Example: there are no laws preventing accounting firms from consulting at the same companies they audit. Thus, Anderson Consulting had a huge incentive to "generously" (probably illegally) audit Enron's books so they could continue collecting gigantic consulting fees.. Your logic would say that the people at Anderson are bad, immoral people. I would say that if Anderson hadn't done this, some other firm would have filled the vacuum. That's nature; and that's capitalism. Therefore, I would blame the system, not the people in it. To maintain a moral business environment, we must change the rules that create the systems in which business (and businessmen) operate. Likewise, with lawyers, our system is set up to ensure honest, high-quality medical care by holding the threat of lawsuits over the heads of doctors. Crappy system. But it ain't the lawyers' fault. They're just part of the system that WE as a society have put in place. They aren't the problem, the system is.... I appluad you for you legislative efforts.

•••quote:••• Bin Laden should be shot on site. But I'm certain there would be no paucity of legal minds ready to jump to defend this human shaped evil form. ••••Then where does this logic stop? Do we shoot Milosivich (sorry, not sure how to spell his name) on site? How about lesser criminals, like child-killing mothers in Texas? Who should get a trial and who should be shot? Justice applies to everyone, no matter how terrible their actions... Also, from a prictical point of view, we should given Bin Laden a fair trial so as to ensure that he doesn't become a martyr, inspiring future terrorist acts against American citizens.

•••quote:••• And again, there would be no need for lawyers at all, good bad or otherwise, if there weren't lawyers to begin with. I repeat this point, because it seems I have not made myself clear. ••••You've made yourself clear. This argument is silly and immature. If there were no lawyers then there would be no law and we'd be living in a totalitarian state...

dingiswayo
 
•••quote:•••Originally posted by dingiswayo:
Was Clarance Darrow a "lowlife" for defending Scopes?••••Just wanted to point out that the year before he defended Leopold and Loeb. At the time (1924) they were probably the most notorious and psychotic murderers around. Darrow's saving them from the gallows was a testiment to his legal brilliance.
 
•••quote:•••The amount of honor in most professions is a function of the systems that drive the profession, rather than the cumulative moral character of those that entered it. ••••This argument is pure and utter rubbish. It's the old 'I'm just a cog in the wheel' argument. Things like honor, morality, and ethics are not systematic at all. They are byproducts of the individual parts. That is to say, it is how each individual behaves that reflects the said group.

I don't know your personal background, but the argument is spoken like a true lawyer. Alan Dershowitz has used this nonsense to defend his role in child rapist trials. Hitler's Nazi army used the same defense at Nuremberg. Unfortunately for those Nazi's, we are all held responsible for what we do individually. Being a member of a niche group NEVER excuses flagitious acts against mankind. Nor does it excuse the behavior of some 'group' of attorneys.

•••quote:••• Example: there are no laws preventing accounting firms from consulting at the same companies they audit. Thus, Anderson Consulting had a huge incentive to "generously" (probably illegally) audit Enron's books so they could continue collecting gigantic consulting fees.. Your logic would say that the people at Anderson are bad, immoral people. I would say that if Anderson hadn't done this, some other firm would have filled the vacuum. That's nature; and that's capitalism. Therefore, I would blame the system, not the people in it. To maintain a moral business environment, we must change the rules that create the systems in which business (and businessmen) operate. Likewise, with lawyers, our system is set up to ensure honest, high-quality medical care by holding the threat of lawsuits over the heads of doctors. Crappy system. But it ain't the lawyers' fault. They're just part of the system that WE as a society have put in place. They aren't the problem, the system is.... I appluad you for you legislative efforts.••••Again, we as INDIVIDUALS are not permitted to blame heinous acts against mankind by pointing to membership of a particular group. Enron employees and Anderson accountants had the opportunity to blow the whistle. Some tried and were fired for these benevolent acts. Claiming membership to a group of theives does not excuse, nor should it, acts of theft. Defrauding 1000's of their life savings is theft plain and simple. Those who committed these acts individually are responsible just as Hitler's murderers were responsible. Even if superior powers give the orders to kill, steal, or lie, there is no excuse for such reprehensible behavior. Each individual will and should be held accountable.

•••quote:••• Justice applies to everyone, no matter how terrible their actions... Also, from a prictical point of view, we should given Bin Laden a fair trial so as to ensure that he doesn't become a martyr, inspiring future terrorist acts against American citizens.••••I would argue that justice would be served more expeditiously by shooting this monster on site. In point of fact, it seems you are not well versed in the workings of the law. Not everyone is entitled to a trial, nor should they be. This is highlighted quite well in times of war. Perhaps we should set up tribunals in Afghanistan and risk life and limb to coax terrorists to willingly submit to legal proceedings. I know this would be a lawyer's wet dream, but it certainly isn't in the interest of preservation of human life.

Ultimately we will all be judged by our actions individually. I doubt the powers that be will overlook Nazi atrocity if confronted with the defense 'I was just a cog in Hitler's wheel'. Nuremberg didn't recognize this outrageous and insulting defense, nor should we. If lawyers are going to perpetuate corruption theft, and a whole host of other acts of immorality, they should certainly be held accountable INDIVIDUALLY.
 
shooting someone on site because you feel they deserve it is not justice...

lawyers suck, i have to agree...but it is more a systemic problem than an individual problem. there are tons of schools educating thousands of lawyers who need to make a living. but, we have to look at it this way...ethically, lawyers (just as doctors) are bound to the needs of the client, not society as a whole. so, they serve them best, even though it is not good for society. the same can be said about us physicians keeping some elderly, comatose, nursing home patient alive who has zero chance of recovery. for society, we should divert the resources of that patient to a more deserving member. but as a physicain we are bound to take care of the patient. if a lawyer has a client, be it Bin Laden or some dude who says he slipped and fell, the lawyer is REQUIRED to do his best for the client.

now, the size of judgements is ridiculous. a reasonable solution would be to disallow judgemnet sharing as a form of payment. if the client has to pay, than the lawyers would not be as likely to go after ludicrous awards. also, with the fear of having to come out of pocket in the event of a loss, a lot fewer lawsuits would be initiated.

and finally, in the case of medicine, the tragedy is that the juries don't go by the definition of malpractice. the award based on outcome, not quaity of care...sucks, but not a lawyers fault either.

lawsuits are what cause doctors to pracitce defensive medicine, order less than neccessary tests, etc...but, the blame is with the plaitif for bringing the suit, not the lawer for representing. until judgements go down, until people realize that this practice hurts us all, until they understand malpractice, we will have this problem. and the lawyers will still HAVE to represent the client....
 
Klebsiella,

In my opinion, you fail to look for the ultimate causes of social pathology.

With your reasoning, you would say a myocardial infarction is caused by atherosclerosis in coronary arteries. You would be right. But I would say an MI is caused by bad family history, a lifetime of poor diet, lack of exercise, smoking, etc... For the purposes of reducing heart disease, I am more right.

I bet you think that if every drug-dealer in America were suddenly vaporized this morning, that there would be no more drug problem. I'm pretty confident that you'd be wrong. Crack would be back on the street tomorrow. This is not the "just a cog in the wheel argument" you mention. I'm not saying the drug dealer should get off scott-free because the system encourages drug dealing. Not at all: drug dealing is wrong, and those who deal drugs bear moral responsibility for their actions.

However, I do think that if we really want to improve the drug problem (you'd call it a "drug war"), we should stop focusing so much energy on fighting the drug-dealers (and producers) and start thinking about the mechanisms (like addiction, poverty, hopelessness, lack of community) that encourage drug trafficking to exist. Perhaps then we could reduce the amount of drug addiction in our society and diminish the amount of crime associated with drug-trafficking.

The same logic holds true for lawyers and lawsuits, for terrorists and terrorism, and for executives and corporate greed. You would say that lawsuits are caused by lawyers, terrorism by terrorists, and corporate crime by unethical executives. You'd be right. And I agree that these individual people are personally responsible for their actions, and they should be held responsible. But I don't mistake an individual's bad moral character for the ULTIMATE cause of terrorism, corporate crime and lawsuits.

Rather, I think these undesirable phenomena exist because the dynamics of the world encourage them: terrorism because there are people in the world who, perhaps rightly, feel that the U.S. is an impediment to global justice; corporate greed becuase corporations are mechanisms with a single purpose of increasing stock value by any means possible in an environment with inadequate regulation (due to legalized bribery of politicians from both parties); lawsuits because the laws governing torts do not limit the liability of a doctor who injures a patient. If we want to reduce terrorist acts against Americans, decrease corporate malfeasance, or decrease torts, we should attack these underlying causes--the system....

As for lawyers, yes the ones that help sue an OB/GYN for delivering a baby with a congenital defect are scummy. But if every one of those lawyers were vaporized today, there would be more medical lawsuits tomorrow. Maybe we should consider the system that encourages such lawsuits instead of railing against the individuals who implement that system.

All the PCTA's in the world won't prevent heart disease.
 
IF A PLAINTIFF LOSES HE SHOULD PAY ALL MY EXPENSES AS A DEFENDANT... litigation would be cut in half or become non-existent. Let's make it happen. Write your congressman, vote in the right people, you say you are anti-litigation, fine, do more than talk about it. THIS SHOULD BE THE LAW. You sue you pay. The end.
 
•••quote:•••Originally posted by famtiadr:
•IF A PLAINTIFF LOSES HE SHOULD PAY ALL MY EXPENSES AS A DEFENDANT... litigation would be cut in half or become non-existent. Let's make it happen. Write your congressman, vote in the right people, you say you are anti-litigation, fine, do more than talk about it. THIS SHOULD BE THE LAW. You sue you pay. The end.•••••Famtiadr,

This is an excellent point, one that I have advocated on multiple meetings with high ranking political figures. I wish I could say that the idea was well received, but I would be lying. Many politicians are either themselves attorneys, or in the pocket of trial lawyer lobby. This makes furthering the medical cause impossible, and an exercise in futility. The legal profession is the single most detrimental force acting to undermine quality medical care in this country. Things will have to hit rock bottom before anything is changed.

I am happy to say that the overwhelming opinion of physicians I have worked with is more in sync with the views I have expressed in this thread. It behooves medical students to become proactive and not succumb to attorney propoganda and some of the other gibberish I have countered in this thread. If we don't stand united, we wont make progress.
 
•••quote:••• The legal profession is the single most detrimental force acting to undermine quality medical care in this country. ••••First of all, blaming the "legal profession" again makes this too personal. See my previous post. (did you have some bad experience with a lawyer in the past? you really have an axe to grind...)

Second, most doctors get sued a few times in their careers, and only a small percentage are sued successfully. The ones that lose lawsuits often DO deserve to lose. Let's not forget the recent descovery that medical error is one of the leading causes of death in this country (published by researchers with MDs, not JDs). Yes, you will pay huge amounts of money for medical malpractice insurance. And, yes, you will have to cover your ass by charting everything and having sound reasoning for clinical decisions. But is that so wrong? The surgeon who operates on the wrong knee deserves to be punished. Let's change the system a little, becuase it does cut into our pocketbooks in an unfair way But relax on the rhetoric a little. We aren't gods. Don't expect lawyers or anyone else to treat you as infallible.
 
First Klebs said,
•••quote:••• There may be lawyers out there 'that are not as bad' but they represent .0000000000000001% of the bunch sad to say.••••Then,
•••quote:••• I didn't say that all lawyers are bad.••••Quite a little disparity, there. Make up your mind.

You can't argue with someone like this who is narrow minded and has an ax to grind.

Having plaintiffs pay all expenses if they lose is a bit extreme, and I will give an example - though I am sure it will be ridiculed or termed "utter rubbish". A pt. went to a local ER for a H/A. She had DM, but nobody checked her blood sugar. She was sent home, went into DKA and was admitted for a painful week. She sued, and won nothing. Now there were a lot of factors involved in this case, but this woman has thousands of dollars of her own bills to pay. Paying the defense isn't practical and isn't fair in this case. She had a good case, but lost that day. Doesn't mean the lawsuit was frivilous at all.

Klebs also said •••quote:••• it seems you are not well versed in the workings of the law. Not everyone is entitled to a trial, nor should they be. This is highlighted quite well in times of war. ••••Has war been officially declared?
 
Ram,

I noticed your post has been abridged, removing a highly inflammatory and insulting comment directed at my person. I find this kind of behavior repugnant and not befitting a future MD. My only hope is that you are indeed of the legal breed only masquerading here as a would be physician. Anyone who would resort to slur on a public message board, digitally signed no less, is not someone I want to call my peer.

If you find my opinions charged, and passionate, thats too bad. I have every right to lodge opinion, even passionate opinion, as long as I don't attack those who post directly. You are much more likely to engage me in frank discussion if you would leave insulting and deragotory rhetoric out. It is a disgrace to both you and medical students everywhere when you spill such vile filth on our home here on the internet.

Please remember that this forum, although seemingly anonymous, does collect digital signatures. I doubt you would sign your name to such vile language.

I applaud the moderators for keeping this board sanitized of such filth. I hope that attacking others in this way is frowned upon by the SDN, and that future infractions may lead to account termination.
 
*******, I edited my own post. Lighten up, this is an anonymous internet bulletin board. There's been lots worse stuff posted here. Oh, and by the way I am in medical school and will be a physician soon. So get used to it, there will always be people in life that you don't agree with, get over your righteous self-serving crap.

Your posts are as, and probably more, vitriolic than any others on this board.

Interesting how you point the finger at others when the idiocy of your arguments is exposed.
 
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