can people sue doctors for scaring patients with wrong opinions
- Thread starter perfect
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perfect said:
Pity , that unlike you , but like the rest of the human race, most Doctors are not Perfect.
If you were able to do what you suggest , have you realised what the consequence would be...
No f......ing Doctors.
Get a life.
See Change
Sea Change,
before u tell someone to get a life,
You guys do not know what I was talking about. It is not about whether he is perfect or not, it is about if he is not a darn expert, then shut up and dont give your stupid opinions, especially if you are called a 'professional'.
If the other surgeon was not in that day, they might have had gone ahead with the operationw ith that patient.
Can u imagine what the consequences are of having non-professionals running around talking as if they know everything and wanting to call the shots!
Lucky the older surgeon was coming in that night, which he normally does not.
before u tell someone to get a life,
You guys do not know what I was talking about. It is not about whether he is perfect or not, it is about if he is not a darn expert, then shut up and dont give your stupid opinions, especially if you are called a 'professional'.
If the other surgeon was not in that day, they might have had gone ahead with the operationw ith that patient.
Can u imagine what the consequences are of having non-professionals running around talking as if they know everything and wanting to call the shots!
Lucky the older surgeon was coming in that night, which he normally does not.
Perfect,
I'm not a surgeon, but I have had major orthopedic surgery, and from what I know a "professional" medical surgeon doesn't just make a decision to amputate one minute and start hacking into your limbs the next!!! It takes time, preparation and scheduling of suitabily qualified medical staff/expertise so it doesn't just happen at a moment's notice UNLESS of course it is life threatening in which case, the decision to proceed with such intervention is not actioned on the hearsay of one individual!!!
Cheers,
Jo
I'm not a surgeon, but I have had major orthopedic surgery, and from what I know a "professional" medical surgeon doesn't just make a decision to amputate one minute and start hacking into your limbs the next!!! It takes time, preparation and scheduling of suitabily qualified medical staff/expertise so it doesn't just happen at a moment's notice UNLESS of course it is life threatening in which case, the decision to proceed with such intervention is not actioned on the hearsay of one individual!!!
Cheers,
Jo
Perfect,
The process of suing is generally more trouble than it is worth. Very costly, very stressful. So consider that before you consider legal action. I am not a surgeon, but I regularly write medicolegal reports for medical negligence cases for people with catastrophic injuries. It takes a long time and a lot of time. In this case, where you would only be suing for distress, I think it would be hard to get far. But there are plenty of medical negligence lawyers who will give you an opinion for free.
However, if you do feel that this surgeon was incompetent, then you should feel free to follow through the complaints procedure of the hospital where they worked, outlining the issues that you think were a concern. I would be as un-emotional as possible in descibing the actions they took and where you felt they failed in their duty of care.
In NSW there is also a body called the Health Care COmplaints Commission. If you make a formal complaint to them, they will investigate it... it may take some time. There are plenty of surgeons who have been sued, who are still operating, but if a complaint is upheld by the HCCC, generally it will go to their registration board for some form of action.
Having said all of that, I would probably agree with the other comments here that the situation may not warrant that level of action. Perhaps just the letter of complaint would be sufficient.
Penny
The process of suing is generally more trouble than it is worth. Very costly, very stressful. So consider that before you consider legal action. I am not a surgeon, but I regularly write medicolegal reports for medical negligence cases for people with catastrophic injuries. It takes a long time and a lot of time. In this case, where you would only be suing for distress, I think it would be hard to get far. But there are plenty of medical negligence lawyers who will give you an opinion for free.
However, if you do feel that this surgeon was incompetent, then you should feel free to follow through the complaints procedure of the hospital where they worked, outlining the issues that you think were a concern. I would be as un-emotional as possible in descibing the actions they took and where you felt they failed in their duty of care.
In NSW there is also a body called the Health Care COmplaints Commission. If you make a formal complaint to them, they will investigate it... it may take some time. There are plenty of surgeons who have been sued, who are still operating, but if a complaint is upheld by the HCCC, generally it will go to their registration board for some form of action.
Having said all of that, I would probably agree with the other comments here that the situation may not warrant that level of action. Perhaps just the letter of complaint would be sufficient.
Penny
Someone
is not going to be amputating a leg and the person who makes that decision is the person who does the surgery or is responsible for supervising the surgery.
If you wanted a reasoned debate over professional responibility , then maybe you should have rephrased your title and initial question. All it sounds like to me is you ( or your friend ) were looking for a way to make a quick buck.
See Change
perfect said:
is not going to be amputating a leg and the person who makes that decision is the person who does the surgery or is responsible for supervising the surgery.
If you wanted a reasoned debate over professional responibility , then maybe you should have rephrased your title and initial question. All it sounds like to me is you ( or your friend ) were looking for a way to make a quick buck.
See Change
perfect said:
Of course you can sue...it's what's often called "nervous shock".
Whether you'll win or not is another matter entirely...about which I make no comment.
Whether it's "morally justifiable" to do so, I don't think anyone here can judge without all the facts.
Naturally the patient will be upset, scared, angry, relieved and in a whole tangle of emotions...not a state in which to make rational decisions about taking a very serious, time-consuming, emotionally draining and almost certainly very expensive legal step...
I'd suggest some calm and rational reflection before making any decision either way and then consult an expert medical negligence lawyer to figure out if (if you'll excuse the pun) the case has any legs...
Cheers
N.
People, please read the frst post properly, all i posted was a simple questions, but the amount of judgment & generalisations I get from this forum is FASCINATING!! I am talking about those smuck replies, but I am deeply thankful for those who gave helpful info.
To those who are judgemental or unhappy about this post, if that happened to YOUR old mum after an accident, with all the shock and pain, and have a stupid doctor telling your mum in the face in a serious tone "Madam,, you will have to blablabla" you smuck guys will feel differently about this. You dont know who cried about this and all you can think about it judge and say this person is trying to sue over something 'small' and say things like 'get a life'.
LOOK Monopoly, Acey or SeaChange, I never said I was perfect, my nick has a different connotation and anology. So get off the case about what my nick implies !!!!!!! What do you want from me? Arent you guys the ones making a lot of assumptions and prejudgement about me? I never said I am more perfect that whomever. Which eye of yours read that in the post?? All I asked was "Can someone sue" or "has this been done before" so dont give me that "oh this guy is just trying to make a quick buck" like some judgemental smarta*s said!
For those who gave helpful information, thank you very much.
To those who are judgemental or unhappy about this post, if that happened to YOUR old mum after an accident, with all the shock and pain, and have a stupid doctor telling your mum in the face in a serious tone "Madam,, you will have to blablabla" you smuck guys will feel differently about this. You dont know who cried about this and all you can think about it judge and say this person is trying to sue over something 'small' and say things like 'get a life'.
LOOK Monopoly, Acey or SeaChange, I never said I was perfect, my nick has a different connotation and anology. So get off the case about what my nick implies !!!!!!! What do you want from me? Arent you guys the ones making a lot of assumptions and prejudgement about me? I never said I am more perfect that whomever. Which eye of yours read that in the post?? All I asked was "Can someone sue" or "has this been done before" so dont give me that "oh this guy is just trying to make a quick buck" like some judgemental smarta*s said!
For those who gave helpful information, thank you very much.
perfect said:
Perfect,
You have the legal right to sue anyone for anything you want, regardles of the predicted outcome or rationale for doing so.
If you are unsuccessful, or if the presiding magistrate decides the lawsuit was frivolous, you may be responsible for the opposing side's legal costs.
Does that answer your question?
Jamie.
hypothetical
Geoffrey Robertson
" Nigel , Congratulations on your recent promotion to the senior partner of the Medicolegal team at the highly regard legal firm Parker , Simple & Navra
. On your first day there you are approached by the newly appointed Junior associate , Peter Piper who has been consulted by Mr Perfect about sueing Dr Dyslexic for the incorrect advice that we've previously discussed which caused such distress to his mother. Do you tell Peter " sounds like a sure fire winner Peter, How about we do this one on a no win , no pay basis " or say " No problems Peter , make them aware of the costs involved and that they can cover them " "
See Change
NigelW said:
Geoffrey Robertson
" Nigel , Congratulations on your recent promotion to the senior partner of the Medicolegal team at the highly regard legal firm Parker , Simple & Navra
. On your first day there you are approached by the newly appointed Junior associate , Peter Piper who has been consulted by Mr Perfect about sueing Dr Dyslexic for the incorrect advice that we've previously discussed which caused such distress to his mother. Do you tell Peter " sounds like a sure fire winner Peter, How about we do this one on a no win , no pay basis " or say " No problems Peter , make them aware of the costs involved and that they can cover them " " See Change
What is going on with this forum?
See Change,
no need to be sarcastic. Perfect was merely asking a question if that was ever done. If you read the tone of the initial post, followed by the first few 'nasty' replies, I must agree some of you were a bit too quick to judge from your generalisations instead of just answering the question. Is that what you are here to do - spending the whole day in front of the pc acting like nasty know-it-alls in this forum because you are so free? (not assumption, but a question)
We are all here to expand our knowledge(you and I included), no need to act too smart or be sarcastic about it(especially to newbies). This is a forum, if you want to act like Mr Know It All to all newbies, you have the total right to be so, but its not going to look nice on your personality. If dont have time or anything nice to say, better to keep the sarcasm or impoliteness for yourself. Let someone else who can answer in a non-nasty way answer it. I do find some people in this forum are a bit too impolite,especially to newbies and non-regulars, as if someone is forcing them to answer some questions.
Monopoly, if you assume Perfect's nick to be saying that he is totally perfect, can we assume yours means you are saying with pride you monopolize this forum or some suburbs you invest in?
Sarcasm are seldom appreciated no matter if it was well intending or not. Better to show more understanding and compassion before judging. Peace
See Change,
no need to be sarcastic. Perfect was merely asking a question if that was ever done. If you read the tone of the initial post, followed by the first few 'nasty' replies, I must agree some of you were a bit too quick to judge from your generalisations instead of just answering the question. Is that what you are here to do - spending the whole day in front of the pc acting like nasty know-it-alls in this forum because you are so free? (not assumption, but a question)
We are all here to expand our knowledge(you and I included), no need to act too smart or be sarcastic about it(especially to newbies). This is a forum, if you want to act like Mr Know It All to all newbies, you have the total right to be so, but its not going to look nice on your personality. If dont have time or anything nice to say, better to keep the sarcasm or impoliteness for yourself. Let someone else who can answer in a non-nasty way answer it. I do find some people in this forum are a bit too impolite,especially to newbies and non-regulars, as if someone is forcing them to answer some questions.
Monopoly, if you assume Perfect's nick to be saying that he is totally perfect, can we assume yours means you are saying with pride you monopolize this forum or some suburbs you invest in?
Sarcasm are seldom appreciated no matter if it was well intending or not. Better to show more understanding and compassion before judging. Peace
see_change said:Geoffrey Robertson
" Nigel , Congratulations on your recent promotion to the senior partner of the Medicolegal team at the highly regard legal firm Parker , Simple & Navra
See Change
Woohoo! Does that mean I get a key to the executive washroom ???
Well the first thing to do is get poor old Mrs Perfect senior in for a free chat. I think the important thing is to be very up front about:
1) the extended time, effort and emotional angst which will be involved on their part
2) the potential for substantial costs
3) the possibility of not only losing but having to pay the other side's outrageous costs
4) the outrageous costs we will charge
5) refer Mrs P to a counsellor
If and only if:
a) our research suggests (on the info we have) that Mrs P has a better than average chance of winning; AND
b) Mrs P has had a long hard think about it and wants to proceed FULLY ARMED WITH ALL THE FACTS,
would we take the case.
I'd then get that slacker Piper working all day and nite on the case whilst I zoom off in my Ferrari...
Cheers
N.
rodimus said:
Sarcasm was not intended ( though I can understand how it could be interpreted in my post to Nigel . It's not meant in that post. If you are familiar with the Series " Hypotheticals " by Geoffrey Robertson , you would know that my question is styled in the manner of that Show and was meant as a serious question )
Frustration and annoyance yes.
Something doesn't go 100 % the way people want it to go and the instinctive reaction with many is to ask . " Can we sue ". I don't imagine there is a single person on the forum who is unaware of the dramatic changes in our lifestyle , the facilities that are available to the community and the cost to every day life that the attitude " can we sue " has made on our community over the last 20 years. I personally don't see it as a positive. Obviously it is important to maintain professional standards of care and safety however the pendulaum of peoples attitues has swung way to far
Frustration and annoyance , most definitly , and I make no apologies for that.
" Can we sue ..."
That really p...'s me off.
In case you're wondering , I've never been sued and have never had a complaint lodged against me
I have had numerous patients who have been involved in litigation over the years and to date I've only ever had one who was happy with the outcome... The only winners are usually the lawyers.
The only one who was happy was expecting about 25 K as a result of a work related injury to his ankle. Went into mediation and the Solicitor for the insurance company said "we're only prepared to offer 150K" . My Patient's solicitor replied " that's not what we were expecting ..." and negotiated up to a bit over 200. He was happy .
rodimus said:
No. I have better things to do.
See Change
see_change said:
None taken. I love a good hypothetical...
see_change said:
Once things get to court everyone (other than the lawyers) has already lost...it's just a question of how much...that's why I was really surprised with my career move to litigator...
but hey you don't want to look a gift horse (especially the prancing one from maranello) According to Sea_Changerodimus said:
yes I used to "monopolise" the chatroom, but not so these days as I don't have the time. Reason for my choice of nick, purely and simply, my love of the game (both on and off the board)
Rodimus,
You're right sarcasm is not an excuse for bad behaviour, but then neither is misrepresentation. I have read Perfect's post, and response posts several times, and there is (IMO) no innocence of intent as you so like to suggest.
Nonetheless........
Perfect,
Perhaps you should have worded your post differently, then you would not have opened yourself up to criticism and/or sarcasm. I make no apologies for what I said, which aside from the sarcasm was not IMO harsh.
Cheers,
Jo
