Posted on 01/01/2003 6:47:09 AM PST by Captain Shady
An interesting observation. I've spent very little time in the courtroom, but I have noticed a certain "Camaraderie" among those in the legal profession. For example, my lawyer in a traffic violation many years ago was good friends with the prosecutor and the judge. In fact, the same prosecutor became the defense attorney for a friend of mine when she crossed paths with the law in an adjacent community 12 years ago. Its hard to slap one who helps line ones' own coffers. Professional courtesy, I guess.
i dont think there's any doubt....the question is; how much does it affect professionalism? quite a bit, im willing to bet. fr'instance, i have a good MALpractice claim against an attorney.....where would i go to seek representation?
Well, noting that I've seen one city's prosecutor act as a defense attorney in an adjacent town, I tend to agree.
Not true...medicare regulations require that participating hospitals obtain proof of insurance before they admit physicians to their medical staff. If you aren't on the staff of a hospital, you can't admit patients anywhere.
In other words, you are in favor of urban juries awarding disproportionate compensatory and punitive damages so that a victim's family can become wealthy. Ayn Rand referred to those with this attitude as second-handers. It took a few years, but the Dr. John Galts decided to stop the world. Hope they succeed.
Interesting story.
The scumbag lawyer takes quite a risk here, unless he has done his research and ascertained that this elderly couple does not have a son who is the psychopathic sort who really has no use for courts and lawyers and judges and all that stuff.
The scumbag trial lwayers run things in Harrisburg.
The problem with this idea is that many juries find for the plaintiff because they see the defendant as some rich guy who can afford to give to a poor person and who needs the lesson in humility that forking over money would bring. If the jury knew that having to pay for everything would bankrupt the poor plaintiff, it would be even less likely to find for the defendant in a case that could go either way.
I don't know all of the legal terms and practices, but I don't think that "loser pays" should be universal. I would favor something along the lines of every suit including a countersuit. The jury must first decide whether a preponderance of evidence shows that the defendent acted wrongly. If they find this evidence, the defendant pays. If they don't, then they must decide whether there is a preponderance of evidence that the suit never had any merit. If they find that the suit never had any merit, then the plaintiff should pay.
I've always heard that even civil suits should not be decided on a "toss up" basis. If the evidence barely supports one side or the other, the jury is still supposed to decide for the defendant. Civil law greatly lowers the burden of proof for the prosecution/plaintiff, but it shouldn't lower the bar to the point that a 50/50 case goes to the plaintiff.
WFTR
Bill
The words are your own--not mine. Awarded damages should be commesurate with the damages inflicted by the "doctors".
You can legislatively impose "caps", but you can't legislatively limit the amount of actual damage that the "doctors" inflict. BTW, the "doctor" that inflicted the damage on the school teacher happens to be the same doctor that performed lasik on Tiger Woods.
Ayn Rand referred to those with this attitude as second-handers. It took a few years, but the Dr. John Galts decided to stop the world. Hope they succeed.
Let's see if the patient of "Dr." Whitten is a "second-hander". Here is an article about the patient:
http://www.collegian.psu.edu/archive/1994/05/05-02-94cm/05-02-94cm-5.aspI'm going to Disney World!
By MALANIE COX Collegian Magazine Writer
With her long black hair and young, olive-skinned complexion, Kashmira Karanjia is the spitting image of Jasmine from Aladdin. But she was just another Penn State student until she interned at Walt Disney World and got to be Jasmine in Aladdin's Caravan Parade.
Karanjia (junior-elementary education) has worked at Disney World for the past two summers as part of the amusement park's college program. Although her regular Disney jobs -- ticket sales and parking -- weren't as glamorous as playing Jasmine, Karanjia plans to work for Disney World after she graduates.
Karanjia said the hardest part about being Jasmine was not being allowed to talk. But her "Disney moment" came when little girls would hug her and say they wanted to be like Jasmine.
....
But even the Florida humidity can get unbearable after awhile. Karanjia said not having any money and long shifts -- such as 6 a.m. to 2 p.m. -- were the internship's main drawbacks.
http://www.tlcsurgeons.com/lawsuits/braverman-pasqualino-complaint.pdf
AFFIDAVIT OF JAMES JOSEPH SALZ, M. D.
| STATE OF CALIFORNIA | ) |
| )ss | |
| COUNTY OF LOS ANGELES | ) |
BEFORE ME, the undersigned authority, personally appeared, JAMES JOSEPH SALZ, M. D., and after being duly sworn, deposes and says:
1. My name is James Joseph Salz and I am licensed medical doctor, board certified in ophthalmology. I am currently in private practice in Los Angeles, California.
2. My curriculum vitae is attached and accurately reflects my education, my training, my certification, my experience and my familiarity with the standards of ophthalmology, Cataract and refractive surgery, LASIK and laser surgery.
3. I have reviewed the records of TLC Laser Eye Center and Dr. Stanley Braverman, Bascom Palmer Eye Institute, multiple colored and black and white topographies of Mr. Ronald Pasqualino from TLC and Bascom Palmer. The records from Bascom Palmer clearly show that Mr.Pasqualino has keratoconus in both eyes. If there were evidence of keratoconus prior to his LASIK surgery on 12/9/99, it would be a deviation from the standard of care to perform LASIK surgery on his eyes. After careful study of the records provided, it is my opinion to a reasonable degree of medical probability that the care and treatment received from Dr. Stanley Braverman and TLC Laser Eye Center fell below the standard of care. More specifically, including but not limited to:
The black and white copy of the Humphrey topography map dated 12/8/99, prior to his LASIK surgery, shows evidence of form fruste keratoconus, a contraindication for LASIK surgery. This map shows an unusual non-orthogonal type of astigmatism, which could indicate irregular astigmatism. This map combined with the fact that the best corrected vision of 20/25 in the right eye and 20/40 in the left eye should have increased the suspicion of irregular astigmatism and possibly keratoconus;
There is marked difference in the black and white copies of the topography dated 12/8/99 and 12/9/99 and the color copies with Mr. Pasqualino's name and exactly the same date and time as the black and white copies. It is clear that the color copies are not the same as the black and white copies. This is apparent from the general appearance of the maps and the distinctly different SimK values for each eye on the black and white and color copies. The color copies are not suspicious for keratoconus and most likely represent maps from another patient. For example, Mr. Pasqualino was found to have 3.5 D of astigmatism with the steep axis at 5 degrees on his refraction recorded on 12/9/99. The black and white maps of 12/8/99 indicates almost 3 D of astigmatism with the steep axis at 6 degrees and the map of 12/9/99 indicates almost 3 D of astigmatism with the steep axis at 12 degrees. Both of these black and white maps would be consistent with Mr. Pasqualino's refraction for that eye. The color maps of the same dates indicate only about 1 D of astigmatism, which is not consistent with his refraction for that eye.
The colored map dated 7/29/99 reflect SimK values for the right eye that are considerable different than the black and white maps of 12/8/99 and 12/9/99. If these are truly both images of Mr. Pasqualino's right eye then he was unstable and not a candidate for surgery. In fact, this color image cannot be of Mr. Pasqualino because the left eye color map of the same date clearly shows the typical postoperative central flattening (blue zone) typical of a postoperative patient. Of course, Mr. Pasqualino did not have surgery until 12/9/99.
The refractions prior to the surgery on the left eye on 6/22/00 and then on 11/4/00 were unstable and the topography showed significant inferior corneal steepening indicative of post LASIK keratoectasia and neither surgery should have been performed.
4. Clearly, based upon the foregoing, it seems apparent that someone tried to substitute normal color maps for the suspicious black and white maps in an attempt to show that the eyes did not demonstrate any evidence of keratoconus prior to the laser surgery.
5. As a result of the negligence of Dr. Braverman and TLC as stated above, including but not limited to what appears to be a deliberate attempt to manipulate the records, Mr. Pasqualino's vision has been severely compromised and has resulted in the need for bilateral corneal transplantation, which has already been performed on his left eye.
6. I have never had an opinion disqualified in any court of law.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated herein are true and correct to the best of my knowledge and belief.
FURTHER AFFIANT SAYETH NAUGHT
JAMES JOSEPH SALZ, M.D.
| STATE OF CALIFORNIA | ) |
| )ss | |
| COUNTY OF LOS ANGELES | ) |
The foregoing instrument was acknowledged before me this.21st Day day of September, 2001, by James Joseph Salz, M. D., who is personally known to me or has produced a drives;s license or other Identification.
ROSEIIA R. DE LAND
Notary Public
More proof of the continued destruction of all that's good by trial lawyers.
Getting a bit silly there at the end, pal. This isn't China.
Interview with Dr. Bruce Henriksen
There is also an essay on that strike written by Dr. Leonard Peikoff, called "Doctors and the Police State", which is not online. It was published in The Objectivist Newsletter in June, 1962.
AND ... contingency fees are considered grossly unethical and illegal in most democratic governments. Which is the way that it should be!
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