can people sue doctors for scaring patients with wrong opinions

[willair]

Perfect,
imho..
in theory you can sue anyone you want,i say this as my wife is
a simple dentist,working long days and nights,as noone yet have
taken us down the civil proceedings roads, it could
happen next week but like all numbers games she does have some
control who sits in the chairs,the only question i would ask yourself
how much stress are you already under due to the facts that have already happened to you,and by the time you finish your claim you will be will be even
more unstable due too what you will have to go through,if it was me just walk away...
and look at the other side nobody is perfect i know how many people walk through
doctors doors each day just think about the pressure thier under for one second..
good luck
willair..

 

[christobell]

sarcastic replies

Well said Rodimus..I and others have many questions to ask at times but are afraid due to public riducule on this forum by some. Having said that I congradulate you people for your knowledge, unfortunately most of us who read this forum are not as expert as some of you, try to remember that and be a little more tolerant.

 

[quiggles]

Christobell,

I'm very sorry to hear you feel that way. Most of us try to answer questions reasonably and sensibly. Perfect got people offside because he(?) was asking the question most landlords really hate: "How can I make money out of what I or someone else FELT?"

To me, and to many others, everyone is responsible for their own feelings and how they cope. To go down the route of suing for hurt feelings, while know, invites the response, "Your suit hurt my feelings and reputation - so I'm countersuing". And it happens. Everyone loses money on these cases and lawyers WON'T take them on a no-win, no pay basis.

It's also irresponsible, raises costs, makes insurance prohibitively expensive and encourages professionals to retire rather than to keep practicing - and I'm talking about good professionals. Try getting an obstetrician in Canberra these days.

Litigiousness is a curse.

You'll also note that there was no property content to the question, it was simply a request for free legal advice, and as such was silly. No qualified person in their right mind would have responded to the question directly, especially as Perfect has already shown a predeliction to sue.

Getting back to your post, questions from new folk are treated seriously and are encouraged. Yes, you will be directed to the search function first (that's responsibility again) but ridicule for new starters who appear to be sincere doesn't come up too often. Spammers get what they deserve.

So (since we haven't corresponded before) welcome, and please post your questions.

 

[rodimus]

Hi Christobell,

Yes, I have felt the same way as you too, my friend. Actually, many times people in the forum actually respond to some of my posts in private (by messaging me privately) because they do not want "the harsh ones" to see(or judge) their replies and get ridiculed or arouse some people's frustration and be intimidated by some people's "high intelligence and integrity".

A question is a question, it was not like our friend Perfect was trying to sue anyone in this forum. Perhaps he would just like to know if sueing professionals for wrong opinions are common. We end consumers have our rights too you know? There's no need to judge and be harsh to him based on just a single question. What did he ever do to you guys?

Oh i know, you have such high integrity and intelligence, we should all be sensitive about what we ask, lest we provoke your wrath and frustration.

Just by asking a question will cause you to be frustrated? If yes, just remember your emotional reactions are in your control. If cant control it then dont answer it. Nobody is forcing anyone to answer any question. If you choose to answer, why get so personal if its not directed at you?

Can't we all be civilized for a change and be POLITE? If you dont like to answer it, then DON'T.

 

[see_change]

Try getting an obstetrician in Canberra these days.

I have a patient who needs to see a spinal surgeon. He's a pensioner and doesn't have much money to spend.

Currently the Spinal unit at ........ hospital won't accept him because they're too busy. Why ? Because the main Spinal surgeon who used to do public patients at ...... hospital decided that while he likes work and wanted to continue doing general spinal work , it wasn't worth his while to pay for his medical defence to continue seeing patients in his rooms outside the hospital. Now he only sees patients with fairly selective problems ( kids ) within the hospital where he is covered by hospital's insurance.

All the other spinal surgeons within the area ( because of the increased cost of medical insurance ) charge a fee upfront and my patient is not in a position to pay for that. So at this stage he goes untreated.

This is not an isolated incident.

See Change

 

[qaz]

Christobell,

I've never really had that problem myself......

The only people who have openly critisised me on this forum I couldn't give two hoots about anyway.

If Aceyducey, Steve Navra, Monopoly, Pitt St or Thommo came out with something negative then I might care, but generally the people on this forum who matter are quite positive and won't go after you for "asking a silly question" (assuming you do a search first).

 

[rodimus]

i am not condeming/against doctors

I heard Anthony Robbins on one of his tapes last week citing a statistic by researchers in USA, that in certain areas in America, more % of women had had their breasts removed compared to other states, just because the doctors in that area has the opinion that "if your mum and sister had breasts cancers, then u should take off yours NOW too, eventho you dont show any sign, but we 'know' the risk are high". Can you imagine that? And people go ahead with that!

What about the 1960s or 70s the doctors gave the drug to pregnant women, and now found that drug is the reason those babies are deformed.

Sure the intention was good, but just face it, due to a plain stupid philosophy they are cutting off women's breasts. Good intention doesnt mean anyone can justify their act of stupidity (or harshness/sarcasm for that matter) against another.

If you parked your car in a loading zone, but didnt know it was a loading zone, does the parking man say "Oh its ok, nobody is perfect, i wont give him a ticket".

A baby puts his/her hands into the fire, does the law of nature say "oh its ok, no burns, since you didnt know it".

I am not encouranging suing nor condeming doctors here (i do respect doctors), but remember eventhough "nobody is perfect" , the rest of the world still have their rights.

Check out one of Tony Robbin's companies, it actually trains doctors/dentists to be able to communicate with patience with more responsibility, skill and intelligence.

 

[see_change]

Oh i know, you have such high integrity and intelligence, we should all be sensitive about what we ask, lest we provoke your wrath and frustration.

And that's not sarcastic ......

See Change

 

[ggumpshots]

People would be well advised to question anything a docter says if it varies from anything more complicated than a cough or cold.
If you speak to a dr in their specialist field then they are usually fantastic, but outside their immediate daily work environment they are fairly weak in their knowlege.
In other words , a little knowledge can be dangerous
it seems atrocious that one dr would say amputate and another say......... no way...... I suspect there may be more information but lets take it at its face value

Rather than focusing on the merits of sueing or going to court, why not focus on the question asked.

People should be held responsibe for their actions.
People can be pretty vulnerable in a drs office . Lets say you have been told you have a brain tumour with 2 weeks to live....how
will you react.??????

I agree with PennyK and NigelW who are spot on with there excellent replies.

 

[see_change]

I am not encouranging suing nor condeming doctors here (i do respect doctors), but remember eventhough "nobody is perfect" , the rest of the world still have their rights.

Rodimus, Please don't think that I'm saying Doctors ( or anyone else ) should not be responsible for their actions and any consequences. If Perfect had asked their question differently I would have given a different ( and from their point of view ) more informative reply.

I am also well aware that the medical profession has episodes that are less than ... well ...mmm. Chelmsford is another one that springs to mind.

I have in the past told patients that what happened to them was inexcusable , and if they chose to sue , the medical defence union would not try and defend the case in court. ( though that was a non legal opinion ).

See Change

 

[quiggles]

I think also (at least from my POV) we are losing focus on one of the things that gave me and others the irrits. That was asking about lauching a suit where the damage, if any, was emotional and subjective.

Thalidomide (drug companies, not doctors), Chelmsford (for doctors). asbestos (James Hardie), cigarettes etc - these had physical damage visited on people demonstrably. and the people responsible then took a step further and tried to hide the truth AND continue the behaviour.

It's somewhat different to a mistaken diagnosis that is checked and when found faulty not acted upon.

 

[agent 86]

Since we're on the topic of suing and Rodimus mentioned breast cancer.

I know somebody who had her breast removed.

Was then told a mistake had happened, the wrong breast had been removed.

Family was in shock, hence another opinion was sought from a doctor in another city before the other breast was removed.

Result was no cancer at all.

Against advise, she did not sue.

She reckoned a mistake was made and damage was done, and thought the doctor had gone through enough.

A86

 

[Aceyducey]

I agree with Quiggles on this one.

The legal system is not there to allow people to profit from others being human and making a simple mistake.

Mistakes happen.

If the system doesn't have checks and balances to prevent series of mistakes leading to incorrect action, or cases of willful harm or the coverup of series of mistakes there is legal recourse.

A single misdiagnosis - in any profession - is a simple human mistake.

If people are not allowed to express their opinions (diagnosis) until they are experts we'd all have to be silent.

Only by expressing opinions & having them challenged do we actually become expert. In fact the people doing the challenging often learn as much as the person whose opinions are being challenged - it's the entire basis of our scientific and education systems.

If we punish people for stating an opinion you destroy creativity and learning.

And this forum would be empty, hence Perfect you and the rest of us would not have this avenue to state our opinions on investing and have them challenged so we can grow.

Cheers,

Aceyducey

PS: Who decides who the experts are anyway? Are they the people who never make mistakes? If so - there are NONE.

PPS: Has the forum shifted from Real Estate Agent bashing to Doctor bashing? As far as I know there are episodes like this (simple mistakes) in many professions....Bad advice from financial advisors, accountants, lawyers, electricians, car mechanics, etc - all of them can have serious impacts on your health & well-being.

 

[David E-Noosa]

PPS: Has the forum shifted from Real Estate Agent bashing to Doctor bashing?

Yes, come on people get with the program. We are feeling left out here

 

[TryHard]

I agree - What is going on with this forum ?

Well I think I need therapy after reading this thread, let alone suing for what people are doing to my head. Come here looking for property investment advice and get warned about having my breast lopped off !

See Change, is there a reason you included the name "Navra" in your hypothetical ? What exactly is that meant to imply, or is "Smith and Jones" not interesting enough ?

Poor Perfect, who would have thought a simple question (albeit completely off the topic this forum deals with) would end up 3 pages (see if I can get it to 4!) ... ?

 

[Sultan of Swing]

who would have thought a simple question (albeit completely off the topic this forum deals with) would end up 3 pages (see if I can get it to 4!) ... ?

If you go to your User CP, then 'edit options', you can choose to have 40 posts per page. That way you only have one page of it. (I know, I know, I must be part Irish )

 

[David E-Noosa]

Thanks for that tip SOS, now I have fewer clicks to get what I want.

ps 3 to go

 

[TryHard]

Less clicks before I sue someone

Ditto SOS thanks for the tip. It better work, or I'll sue ;-)

 

[see_change]

See Change, is there a reason you included the name "Navra" in your hypothetical ? What exactly is that meant to imply, or is "Smith and Jones" not interesting enough ?

Nothing Sinister was meant .

See Change

 

[nat r]

Do a search on the "Bolam Test" ...most medical negligence cases start (and stop) here.

Nat