Of course, Edwards was in the Senate for about half of that period. The point I see here is not that there are no sleazy ambulance-chasers out there, it’s that your generalized reaction to bad lawyers is not necessary John Edwards wasn’t one of them. From what I’ve seen here, he has not made a career out of victimizing doctors and earning big paydays with junk science, and he has represented at least a few legitimate victims with real grievances.
Lamar, I don’t have a dog in this fight because I simply do not know enough about these sort of cases or plaintiff attorneys in general to form an opinion yet. I see minty green, Shayna, Squink and others all countering your arguments and cites with good arguments and reputable cites of their own.
So far, to me, it looks like your loony.
For my own education, can you please respond to the points brought up? For example, if one of the merits of the case in question is “preventable oxygen deprivation brain damage suffered during delivery” and Edwards handpicked the clients that suffered because of this, and the percentage of clients were well below the percentage of children who actually were harmed by doctors, what is your response? How do you dismiss that case and why should I believe you?
Well, this intriques me. I don’t know anything about Cerebral Palsy, so I did a bit of research to see what people think the causes are.
I searched Ebscohost and LexisNexis, so I can’t provide links, though I can tell you where I found the info.
So it’s a rare event, but it does happen. Does that mean that the families of thie children who suffer from cerebral palsy because of “adverse intrapartum events” should just suck it up? They should receive no compensation for future medical procedures and a life-time of disabilities?
What if the doctors in question didn’t deliver the fetus until 45 minutes? 35 minutes? What if they were the rare cases where it had to happen under 30? I don’t know. None of the links give any details of the case, and I’m not a doctor. Still, it seems to me there is some room for error.
If he was able to prove all 8 of those points in the trial using expert witnesses, would that be ok? Would you get off his back then? Or would he still be reprehensible? Is it still junk science if actual scientists establish the criteria?
So if doctors know that there can be a possible problem, and if they don’t take the proper measurements for whatever reason, should the affected families just what? Ignore it? Shrug it off?
In fact, even articles entitled Birth asphyxia not usual cause of cerebral palsy
Bob Babinski. Medical Post. Toronto: May 25, 2004. Vol. 40, Iss. 21; pg. 19, 1 pgsstate
So…where’s the junk science? Am I just misinterpretting all the articles and journals? It’s possible. I’m an English major, not a med student.
I never understand why the AMA goes after the victims of doctors’ negligence rather than the insurance companies. Insurance companies are raking in record profits, but somehow the rates are the fault of the little boy born with some deformity because of a gross error by the doctor.
There are also other reasons the insurance companies have recently risen:
further:
Whenever I see statistics like this I am always suspicious. How many awards over $1 million were there in 1992? If the answer was 15 then the “tripled” is certainly presenting of statistics in a deceptive manner to make a point. What if in 2001 there were only 5 awards over $1 million. Rather than picking two years out of a hat, I’d rather see the numbers over a period of years.
Finally, the Medical Liability Monitor did a study that found that premiums did not decline in states that had caps on awards. That’s probably because a DOJ study found that only 4% of successful medical malpractice lawsuits returned punitive damage awards.
Can you give us a link to that? 'Cause* that * sounds very important indeed.
I don’t have any internet links because I got the information from materials for my Remedies class.
The first sentence is from a NY Times article on Feb 2, 2003 entitled “Walkout by New Jersey Doctors Illuminates a Battle Between Specialists and Insurers.” The second sentence is from a study entitled, “Civil Justice Survey of State Courts, 1992” by the U.S. Justice Department and the National Center for State Courts. (Actually, google found this, but I’ll let others sort through that.)
Another google search brought this up - a similar study done in 2001. http://www.ojp.usdoj.gov/bjs/civil.htm
The above study includes torts, real property, and contract suits.
If it happened to one of my kids? I don’t know. But I do know that I have no desire to file a suit that’s going to line some one elses pockets. Yeah, maybe my kid does need expensive care for the rest of his life - but my lawyer doesn’t. But if my kid needs it - I’m probably going to bite the bullet and pay up. In Florida, you’re looking at paying the lawyer huge, huge sums of money:
So a $1M or $2M suit nets $400,000 for the attorney?? In what way is this justified?? (If our resident legal experts care to comment, I’m interested.) I’m all for making a living, but in other industries this type of payout is regarded as extortion. A company which loans you money at 40% interest is a loan-shark. These guys feel that 40% of your income is too high to consider “affordable” for housing. But a lawyer is right to charge you 40% of 1 MILLION dollars for a single suit? That’s OK??
A: Medicine is imperfect. B: People, some of whom are doctors, are imperfect. Mistakes will be made. Sometimes, deadly mistakes will be made. Suing because “the doctors fucked up” is not a praiseworthy way to make a living. Especially considering the amount of money you’re charging the person who may genuinely be in need of coverage due to malpractice. I have to sue for half-again as much as I needed just to pay for the attorney.
These payouts keep the ‘malpractice suit industry’ lucrative, and drive up the cost of healthcare by driving up the cost of malpractice insurance. Surely you realize it isn’t just the practitioners who are paying for this insurance - they’re passing the cost along to the consumer. You don’t think the high cost of health care in this country is solely the results of doctors greed, do you?
Note that I’m not saying all malpractice suits or bad, nor that Edwards is a bad guy himself. I’m saying that I see a fundamental conflict of interest in getting rich by filing malpractice suits on behalf of those in need.
He only gets paid if he wins. He get bupkas if he loses. The defense lawyer gets paid either way. And nobody wins every time. Maybe one winner could pay for the 2 losers he had previously?
This is supposed to answer the question you quoted? 40% is justified because he only gets paid if he wins? Do elaborate…
Did you also read cmason32’s post? The one where he cites that punaitive damages are only awarded in 4 to 6 percent of cases.
Punative damages are punishment. You don’t punish good faith mistakes, you punish negligence and wrongdoing. And as cmason32 has already pointed out, it’s not nearly as common as widely believed.
Perhaps one of the lawyers can answer a question. If a lawyer loses a contingency case, can he bill for expenses such as investigators and what not? And if he wins, do those charges come out of his end of the award?
Yes, that’s what I meant. Thank you.
What’s it cost to take a case to trial? Short answer: Hundres of thousands of dollars, that’s what.
I’ve typed out long, thoughtful answers twice, and my computer ate them. I gotta run, so will just note that between litigation support, expert witness fees, deposition expenses, and other good stuff like that, it’s the rare case that doesn’t cost several hundred thousand dollars to take through a jury verdict. With no recovery if the plaintiff loses.
I’ll leave it to the real lawyers here to provide the details, if they wish.
Often a trial lawyer receives nothing: they do hundreds of hours of work for no remuneration at all. In other professions, this would be considered a violation of the minimum wage act; why do we let clients get away with this?
You’re comparing apples to oranges.
Daniel
If you’re punishing negligence and wrong-doing, I would expect punitive damages to be awared in almost ALL cases, as negligence and wrongdoing are the core of genuine malpractice cases - are they not?
Regardless, I’ll be the first to admit that I don’t know much about the civil court system. But all of the information I’ve looked at so far reviews expected attorneys fees based on “recovery”, not on “damages”. Are the two synonymous? If not, this seems to indicate a line item on the bill to the insurance company, regarless of punitive damages, will be Attorneys Fees: $400,000. Especially in light of this cite, which paints more of a grim picture than cmason32.
Interestingly enough, for full disclosure, this article from Sep 2001 indicates rising insurance costs were expected, as insurance had been priced too low all along:
Interesting stuff, to be sure.
On preview, I see EddyTeddyFreddy has posted:
Really? Can some one provide a cite for the breakdown of court costs? What is the cost to the plaintiffs attorney? And, a common statement has been “The defense attorney always gets paid.” - I’m curious, at the end of the day (case) in general how much each has paid out and taken home?
A very simple trial, with very simple facts and basic questions of law, can be taken through a jury trial for roughly the price of a new car.
Medical malpractice cases are in no way simple. They require large numbers of witnesses, much consultation with medical experts, huge amounts of discovery to to see what the health care providers are hiding (if anything), and just oodles and oodles of preparation.We’re talking many hundreds or even thousands of hours to prepare for such a trial.
$400,000 / 1000 hrs. = $400 per hour.
The defense guy–who gets paid regardless–may be billing anywhere from $175-$400 an hour himself.
The plaintiff’s guy gets nothing at all if he doesn’t win. He even has to swallow the costs of all those experts, office staff, etc., and that ain’t cheap either.
The key difference, in my mind, being that they volunteered. It seems almost like a bait-and-switch, or a lottery: “You’re free chance at making money!!Some restrictions may apply.”
You’re probably right, but heck - that’s why I post - to find out if I am
Dammit, minty, you weren’t there when I previewed the last one.
I’m curious then - if greedy lawyers, greedy doctors, greedy corporations, and greedy plaintiffs aren’t the cause of rising health care costs - what are?? All the sources seem to agree that all the dollar amounts are rising - health insurance, malpractice insurance, jury payouts. Where (oh where?) is the money going?
If they didn’t volunteer, the clients would be in violation of the thirteenth amendment. All workers are voluntary, or else the employer is violating the constitution.
Apples to oranges, still :).
Daniel
Ahem.
I’m sure you meant to say that corporate law is a dynamic area of practice that is vital to Our Capitalist Way of Life, requiring creative thinking and the ability to find unique solutions to conflicting business visions. Truly, a practice area attractive to the best and brightest of the legal profession.
I will, however, grant you that SEC compliance is a bunch of boring crap.
At least my line of work doesn’t carry the risk of being squirted with a water pistol. (Note to SDMB’ers: inside joke at work)
Who said it’s not greedy corporations? The insurance companies are raking it in, even as they lower the standard of care. And basic tests and so forth are shockingly expensive as well - medical procedures themselves cost far more than they should. Look at the ridiculous price of prescription drugs. Corporations are making tons of money off of health care, and the lawsuits, justified or not, are a sliver compared to what the drug companies and insurance companies are making.
Huh? Do you write “Hi, Opal!” in your office memos?
Daniel