Ridiculous suit is a waste of time

The Morning Call ^ | 6/27/03 | Editorial staff

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Hospitals are responsible for their patients, but an Allentown woman's lawsuit hits new heights of ridiculousness. Amanda C. Hagan, 29, blames her drug overdose on Norristown State Hospital — an overdose that wouldn't have been possible if a roommate's son hadn't sneaked illegal drugs into the hospital in May 1999.

According to the suit filed in Montgomery County Court, when the 18-year-old visited his mother, he slipped to Ms. Hagan and his mother some cocaine, heroin and needles. The women injected themselves with the two drugs and a needle broke off in Ms. Hagan's arm.

Ms. Hagan was gasping for air and she was taken to the emergency room of Montgomery Hospital in Norristown. When she recovered three days later, she was returned to Norristown State Hospital.

The lawsuit casts a wide net. Montgomery County; Montgomery County Emergency Services Inc., a private psychiatric agency in Norristown that operates Norristown State Hospital; Montgomery County Mental Health-Mental Retardation Emergency Service; the visitor who delivered the drugs; and two unidentified people who allegedly sold the drugs all are defendants.

The overdose should have been prevented, the lawsuit states, as if Ms. Hagen were given the drugs against her will. The suit also alleges the hospital should warn visitors not to bring illegal drugs onto the grounds. Huh?

Is a guard at the door saying, ''Hey folks, don't bring illegal drugs inside!'' what Ms. Hagen has in mind? We've never seen a frivolous lawsuit that was more frivolous.

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Meanwhile the trauma centers of Pennsylvania are closing down as emergency care docs, trauma surgeons, neurosurgeons, etc, are driven out of business in Pennsylvania (and Florida, Mississippi, Southern Nevada, and elsewhere). Hospitals and docs cannot afford the "lawyer tax" of unimaginable liability insurance premiums, 60%-70% of the insurance money going to the lawyer industry (including plaintiff and defense shysters).

It costs an absolute fortune just to defend against a seemingly frivolous suit like this massive pile of stinking feces. The outrageously crooked shyster wants a fast buck settlement, while the addict is looking to score some bucks to finance her obviously inevitable fatal overdose.

[mewzilla]

The article doesn't mention who her lawyer is. I'd love to know.

[friendly]

The article doesn't mention who her lawyer is. I'd love to know.

Yeah, I'd like to know to so I could file a grievance with the Commonwealth Shyster, oops I meant Bar Association, seeking disbarrment of this exploitative crook.

If the shyster in question ever won, even a settlement, he/she would surely kill his/her client. Giving a intravenous herion addict a large amount of cash is almost alweays a death sentance.

[friendly]

herion = heroin

[ErnBatavia]

Yep - more fodder for my theory that "Attorneys are the root of all evil".

[Crusader21stCentury]

Hospitals and docs cannot afford the "lawyer tax" of unimaginable liability insurance premiums, 60%-70% of the insurance money going to the lawyer industry (including plaintiff and defense shysters).

That is just a small part of it. The reason that most hospitals are closing down is due to illegals who never pay for their care and the feds will not reimburse.

[Dick Vomer]

It doesn't matter who the lawyers name is.... because the DEFENSE lawyers for the hospital are in on the scam also. Think about this.... no suits .... no fees for defense attorneys either. It's an employment scam. All lawyers, judges, "experts", arbitrators, adminitrators, clerks, and court recorders benefit with jobs from this solid nitrogenous waste called the litigation industry.

I've seen it up close during an arbitration and I felt like crap when I finally realized that both litgants and defense attorneys benefit from this system. My attorney was a bit shocked that felt "all sides sucked"... I left them with the comment that when I wake up in the morning I"ll go to work and help people.... where they will look in the mirror and see...... a lawyer...

Loser pays is the way to go. Whomever loses ..... doesn't get any money and has to pay the legal fees of the winner. If this were to occur.... God... it would be like sharks eating each other.... I would have to watch "Court TV" just to see the loser hand over the check to the winning attorney.

[friendly]

The USA's emergency rooms and trauma centers are under devastating assault by the democrat party: the criminal organization which gives you out of control crooked trial lawyers and open borders.

What kills me is that Hillary and the rats will run on a platform of health care, a system they are completely and intentionally destroying. What an evil bunch of vermin these democrats are!

[Mears]

What a country! We should have loser pays like in the U.K.

We have a case here in Mass where Verizon is being sued because one of it's drivers made a full stop and waved two young girls along so that they could cross the street.Another car passed the stopped truck and hit one of the girls.

The lawyers are saying that his waving meant that it was safe to cross. I haven't waved anyone along since I read about this,but I don't have deep pockets so I wouldn't be a target for these awful "ambulance chasers".

[friendly]

Post #7: Completely true in every detail. The shyster industry is in need of MASSIVE reform, as will happen soon in Texas.

[DeFault User]

Countersuits to break such attorneys and plaintiffs would be a great strategy if more victims of such lawsuits would employ it. Take them to the cleaners for libel and whatever other cause is appropriate.

Too bad the Bar doesn't urge judges to throw such suits out of court and put the attorneys in jail for comtempt (wasting the court's time). That's about as likely to happen as the Trial Lawyers Association supporting W.

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Too bad the Bar doesn't urge judges to throw such suits out of court and put the attorneys in jail for comtempt (wasting the court's time). That's about as likely to happen as the Trial Lawyers Association supporting W.

Actually the law often allow for these things, but the judges are part of the scam.

[MonroeDNA]

We need "Loser pays" laws, like the brits.

If you sue and lose, you pay the other guys court costs, including attorney fees.

[DannyTN]

The hospital should simply turn the suit over to the police and have all three of them arrested for possession of illegal drugs.

They have their testimony as well as their medical records.

[dufekin]

Yeah, that way, if convicted, the State would confiscate whatever money the Defendants collect. Yeah, right. Won't happen.

[friendly]

Thus doctors who agree see the most high risk (sickest) patients are the most likely to be sued. Very sick patients are more likely to have adverse outcomes. Emergency trauma cases (often performed under insane battlefield type conditions) are the ones where sponges (pads to soak up blood) and other objects are left behind, something the democrats will never tell you. Another example is the gold mine (for crooked lawyers) who make mega-bucks off of neurosurgeons (brain injury almost always has some residual brain damage, by definition) and obstetricans (congenital blameless birth defects equals lawyer yachts and French Riviera condos).

My recommendations for this problem and for the unregulated lawyer plague that damages all of our lives in so many ways? The world would be a better place with:

1) Loser Pays. This is the law in the civilized democratic world. Waivers are given to the poor, as is the case with most reform proposals in the US to end the current astonishingly corrupt system. Loser pays is also just simple justice. Reform efforts grant exemptions for those poor that are not simply employees of law firms.

2) Massive tort reform on a unprecedented level

3) Widespread empowerment of paralegals for independent practice

4) An end to punitive damages.

5) An end to bogus class action suits.

6) Outlawing contingency fees (This is considered grossly unethical and is completely illegal in almost all other democracies).

7) Lawyers forbidden from running from office. They are agents of the judiciary. Practicing attorneys violate The Separation of Powers when they enrich their lawyer industry at public suffering. The Constitution mandates The Separation of Powers between the 3 branches of government. Lawyers are members of the Judiciary and should therefore not be eligible for the Presidency (the Executive branch) or the Congress (the Legislative branch). I believe strongly as a matter of ethics, that a lawyer like Hillary, Bill, or John Edwards must give up membership in the bar, if only temporarily, when serving in the Senate or seeking (God forbid) the Presidency. These vermin can always reapply to the bar after leaving office. It is an important ethical point. Actually someone like Hillary or Bill would not be re-admitted to the bar. Bill Clinton was in fact disbarred due to his illegal activities.

8) The corrupt bar associations currently "regulate" their fellow shysters. A total disempowerment of the bar associations is essential, with lawyer discipline by true consumer control agencies. Regulation must be by an open governmental process, with all complaints against lawyers open for public inspection, like any other industry. Government has, even for the most libertarian of tastes, basic functions to protect the nation. And the lawyer industry is a grave threat to our freedoms and democracy, make no mistake.

[friendly]

This suit might never have been filed if the hospital simply had them arrested. The problem for the medical community is that they are basically soft-hearted, making the docs easy prey for the evil lawyer industry.

[friendly]

bttt

[Ronin]

Agree!

Lawyers are a curse!

[freedumb2003]

>>theory that "Attorneys are the root of all evil".<<

Theory, hell. Its an axiom. This little gem from the new animated JLA:

Aliens (to Green Lantern): You will be tried and if convicted, sentenced to death.

Flash: You can't do that! He needs a lawyer.

Aliens: We solved our Lawyer problem a long time ago.

Flash: Well, it isn't fair. Evolved beings would not stand for such terrible injustice.

Aliens: Very well, you may defend your friend. Should you fail, you will also share in his punishment.

Flash: What????

Aliens: Now you know how we solved our Lawyer problem.