Medical Malpractice

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Jan 12, 2008
If you found out that your doctor had been sued for medical malpratice and lost the case, would you continue to see them?

I recently found out that my much beloved gyn was sued and lost a medical malpractice case. I only know the details provided in the local news, but the women lived, she just suffered some complications from surgery. I will continue to see him without any issue.
 
If you found out that your doctor had been sued for medical malpratice and lost the case, would you continue to see them?

I recently found out that my much beloved gyn was sued and lost a medical malpractice case. I only know the details provided in the local news, but the women lived, she just suffered some complications from surgery. I will continue to see him without any issue.
For me, it would depend. How are they defining "sued for medical malpractice and lost the case"? Was it settled out of court for nuisance value? Did it go to a jury verdict? If so, what was the verdict amount and what did they find was the violation of the standard of care?
 
For me, it would depend. How are they defining "sued for medical malpractice and lost the case"? Was it settled out of court for nuisance value? Did it go to a jury verdict? If so, what was the verdict amount and what did they find was the violation of the standard of care?
And how long ago was it? I'd be more concerned if it happened within the last year than say 20 years ago.
 


Was it settled out of court for nuisance value? Did it go to a jury verdict? If so, what was the verdict amount and what did they find was the violation of the standard of care?
You know TBH it wouldn't matter to me either way in this case. Because the doctors have malpractice insurance for a reason and even though settlements are not an admittance of guilt the fact that one was done would make me want to know more about it. And if it went to jury I'd want to even more.

But realistically how many times do we actually hear of patients winning cases against their doctors? Usually the patients lack the funds and means to go up against them so if you sued a doctor and still got money out of it even by a settlement that likely means they didn't want to fight hard enough to put their name out in the papers with too much detail and it would make me wonder just how bad of a situation was it?
 


And how long ago was it? I'd be more concerned if it happened within the last year than say 20 years ago.
I'd say both are concerning enough. If something happened 20 years ago and it was related to say the ability to pay attention (including things like not leaving medical equipment even gauze inside the body which could be a one-time mistake) and have a delicate touch and you're fast-forwarding 20 years I'd be wondering if that doctor's ability is much worse now due to age or burned out or any number of things that 20 years can do to someone. And if it happened within the last year it's really the same story.
 
I would go to the courthouse where the case records are kept and read the case, if allowed, and then make a decision.
 
Having been through a malpractice case, I can tell you to find out what the circumstances were. It is not unusual for numerous doctors, nurses, hospitals to be sued in one case that had very little to do with the actual incident. The attorneys do a catch all and start naming everyone. There were people named by my daughter's attorney that we did not agree with. Another example from my friend that passed away in the 80s. We had the same gp. He referred her to an ob/gyn who did a surgery on my friend. My friend's surgery went bad, she passed. The ob/gyn was sued as well our gp for referring her.
 
Having been through a malpractice case, I can tell you to find out what the circumstances were. It is not unusual for numerous doctors, nurses, hospitals to be sued in one case that had very little to do with the actual incident. The attorneys do a catch all and start naming everyone. There were people named by my daughter's attorney that we did not agree with. Another example from my friend that passed away in the 80s. We had the same gp. He referred her to an ob/gyn who did a surgery on my friend. My friend's surgery went bad, she passed. The ob/gyn was sued as well our gp for referring her.
I was on Jury Duty for 6 1/2 weeks on a medical malpractice/wrongful death lawsuit like that. There were 6 defendants, 3 of which were no longer part of the case. The Judge told us not to concern ourselves about why those parties were no longer part of the case.
It was abundantly clear why those parties were not part of the case. We found out after finding the remaining defendants not libel of any wrong doing that those parties had all settled out of court. They were the only ones who did anything wrong. Not sure why the Plaintiffs decided to proceed with the case. The entire case centered around a mentally disabled adult being transferred from one hospital to another against her parents objections. The Judge's instructions on the law at the end of the trial and before we started deliberating kind of made the need for the trial seem unnecessary. The Judge said in final instructions that the law does not prohibit a hospital from transferring a patient to another hospital if they reasonably believe the other hospital is qualified to treat that patient. The transfer was to a hospital with a higher level of licensing.....at least on paper.
 
I was on Jury Duty for 6 1/2 weeks on a medical malpractice/wrongful death lawsuit like that. There were 6 defendants, 3 of which were no longer part of the case. The Judge told us not to concern ourselves about why those parties were no longer part of the case.
It was abundantly clear why those parties were not part of the case. We found out after finding the remaining defendants not libel of any wrong doing that those parties had all settled out of court. They were the only ones who did anything wrong. Not sure why the Plaintiffs decided to proceed with the case. The entire case centered around a mentally disabled adult being transferred from one hospital to another against her parents objections. The Judge's instructions on the law at the end of the trial and before we started deliberating kind of made the need for the trial seem unnecessary. The Judge said in final instructions that the law does not prohibit a hospital from transferring a patient to another hospital if they reasonably believe the other hospital is qualified to treat that patient. The transfer was to a hospital with a higher level of licensing.....at least on paper.
6 1/2 weeks for a trial where the at fault parties already settled out of court! That's the real crime.
 
6 1/2 weeks for a trial where the at fault parties already settled out of court! That's the real crime.
Oh, that is only a small part of the waste of money. The first thing we talked about in the Jury Deliberation room was how much time was wasted when an attorney objected to a question asked of a witness due to "lack of foundation" to ask it. The other attorney would then spend 20 minutes "laying the foundation" for the question, and that might happen two or three times a day. The Jury agrees, WE needed our own Attorney to "object" to the "objection" and we were willing to "stipulate" that foundation had been laid.
 
I would need more information. Was it settled out of court, that doesn’t necessarily mean guilty.
 
UPDATE to provide clarification. A jury verdict of over $4million was issued within the past month solely against him. He performed a laparoscopic abdominal surgery and cut her bladder by mistake
 

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