John Edwards--Malpractice attorney

movealong · Jul 31, 2004, 02:25 PM

Originally Posted by Mschrisco

Understood. The jurors didn't make him wealthy... the system doesn't work that way. Most were settled. $$$ comes from malpractice insurance.
Jurors didn't make him wealthy..... steady large insurance money made him wealthy, along with a system corrupted by very greedy lawyers, ruled by the trial lawyers association.
Understood.

Nope, most hospitals will try to settle out of court, rather than face a jury trial, even if they are in the right.

On the other hand,I had a lawyer friend who was the head of the legal dept for a prominent hospital here. We didn't see eye to eye all the time. You should have heard her trying to whittle down the standards of how someone's quality of life might be affected by an error committed by a hospital.

Nurse4years · Jul 31, 2004, 03:11 PM

Originally Posted by RNBSN1

Nope, you still don't understand.

okay, guess i didn't.
so, what did you mean by blame the jurors?
i thought you meant that the jurors are to blame for awarding huge sums of money.

Nurse4years · Jul 31, 2004, 03:13 PM

Originally Posted by movealong

Nope, most hospitals will try to settle out of court, rather than face a jury trial, even if they are in the right.

Originally Posted by movealong

On the other hand,I had a lawyer friend who was the head of the legal dept for a prominent hospital here. We didn't see eye to eye all the time. You should have heard her trying to whittle down the standards of how someone's quality of life might be affected by an error committed by a hospital.

No lawyer-either side- wants to go to trial. It costs too much.

Sheri257 · Aug 02, 2004, 06:45 AM

Originally Posted by movealong

Nope, most hospitals will try to settle out of court, rather than face a jury trial, even if they are in the right.

That has not been my experience with most defendants, particularly corporate defendants. You really think they automatically write a check every time somebody files a lawsuit? I find that hard to believe. Every trial lawyer would be filing claims and put them out of business.

In my experience, most defendants fight it, even when they are liable, mostly because they do not want to send a message that they're an easy target for plaintiffs. That can cost them more money than the initial legal fees.

When they do settle, it's usually because there is some liability on their part, but it's by no means as an easy, automatic process. There's usually a lot of discovery involved and, even, attempts to get the judge to dismiss the case before they settle. There's a reason the previously mentioned drug company settlements occurred more than five years after the initial lawsuits were filed.

movealong · Aug 02, 2004, 08:41 AM

Well, my experience with 2 major hospitals is that settling out of court when possible is their policy.

Nurse4years · Aug 04, 2004, 01:05 AM

Originally Posted by movealong

Well, my experience with 2 major hospitals is that settling out of court when possible is their policy.

Lots of legal misunderstanding. The system is completely different.
1) incident of neglect at hospital... (say-IV infiltration resulting in skin loss)
2) family talks to lawyer
3) lawyer pays for medical records from facility
4) lawyer sends med records to consultants..nursing & physicians
5) lawyer sends med records to different consultants, as the previous ones didn't concur
(in the meantime, the facility's INSURANCE attorneys have sent med records to consultants...nursing & physicians) There isn't a "FIGHT THIS LAWSUIT" mentality, they are all posturing for position.
6) after much money for records, consultants, misc.... lawyer files
7) phone calls/letters/mailings/discussions/lots of business lunches/trips out of town to interview the expert witness (all expenses charged to the client's account!!) at this time, the attorneys are sending copies of their "expert witnesses" conclusions to each other, and this is where they find out which nurses have malpractice insurance.
8) depositions begin... by now, it might be year 2, or 3, or even 4. Depositions costs lots and lots of $$$- all charged to the clients account
All this time, demands and negotiations are taking place with business lunches, golfing, etc...all this is charged to the ... you guessed it... client's account. (Notice I am not mentioning the client... not important in this game...just the $$$$$)
Finally... an amount is reached by both sets of attorneys... of course, lots of "you scratch my back" going on behind the scene. Sometimes, the attorney is just ready to get it over with, or, they want their cases settled before the beginning of the next fiscal year. (I have seen this happen... they just convince the client "this is all we can get")
9) settlement is reached. $100,000.00 Okay....client gets 60%. (minus expenses, which equaled $20,000..... that is $40,000. Attorney gets 60. And, the client has to pay taxes on that money. So, along with regular income (40,000), they have to pay taxes for a total of $80,000. How much do you think they take home?
The only time it goes to court, is if the $$$ is BIG, and attorneys think they can get more. Trials cost major major major money...Don't even think trials, few attorneys actually go to trial, some have NEVER been to trial.
There is much, much more to this... but... notice the client wasn't an issue... they never are. That is what I am trying to get across.
It isn't about justice, it is about back scratching and power and money. There are no defense attorneys from the INSURANCE company saying "We will fight for justice!!!" They are sitting at lunch with the opposing council saying
D: "okay, you guys know we can get 3 expert witnesses, so be realistic, by the way, did you hear what bernie shot last week?"
They all meet the next day for golf, and, since they are discussing the case, guess who gets billed???
It is not a 'policy' to settle out of court. settling is the name of the game.
And, it is a game, and the client and plaintiff are the pawns.
Lots of nurses talk about "the facility"..."the facility won't back the nurses in a suit"..."the facility settles"...it isn't "the facility"...
STOP TALKING ABOUT THE FACILITY...they aren't doing anything with this lawsuit
THE INSURANCE COMPANY and their attorneys are in control.
Again there is alot more to this game, but the client is just a pawn... don't think for one minute that this has anything to do with justice... at least not where the attorney's are concerned.
This system has made lawyers and insurance companies very very rich...as long as the propaganda keeps rolling, and people keep paying for unnecessary malpractice, and the attorney's get big pieces of the insurance money....as long as.. it will stay this way.
So, keep buying malpractice, keep the cycle going, keep those attorneys are insurance companies wealthy, keep believing the propaganda, or..
Keep your 100 dollars, and take your family out for steak.

movealong · Aug 04, 2004, 04:55 AM

I had a very good friend who is a lawyer and was head of the legal dept for a major hospital here that is ranked as one of the best in the nation. We talked alot about this manner. I believe I know what I'm talking about.

Nurse4years · Aug 04, 2004, 11:33 AM

Originally Posted by movealong

I had a very good friend who is a lawyer and was head of the legal dept for a major hospital here that is ranked as one of the best in the nation. We talked alot about this manner. I believe I know what I'm talking about.

Head of the department..major hospital... wow.....

.....Golly, all I did was actually work in the legal field (silly me)

To say it is policy to settle is right, but wrong. Trials cost too much, takes too much time, courts are swamped... it isn't done. Settling is the way it is done.
The law is a game. Winner takes the $$$$. (me bad, I meant LAWYERS take the $$$, whether they win or lose)

fab4fan · Aug 04, 2004, 08:43 PM

I wonder what people who rail against malpractice attorneys would do if someone in their family was injured as a result of malpractice...just wave it off rather than get mixed up with one of those nasty lawyers?

And movealong's points are just as valid as anyone else's. A receptionist for a doctor's office could truthfully say she "works in the medical field."