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Originally Posted by willravel
That's me!!!
Lawyers can be a problem to anyone for any reason. Many are a problem when it comes to health care, of course. There are plenty of frivolous lawsuits out there trying to take advantage of good, honest, hard working doctors who have done nothing wrong. Here's the deal: they can only screw up the system as much as judges allow them. Judges are some of the most important people in a democracy, as the weight of justice sits squarely on their shoulders. It's the judges like the McDonalds coffee judge, who allowed an idiot jury (you heard me, and IDIOT jury) to pay out $2.9 million to a woman who alleged that she didn't know coffee was hot, that really screw up things like health care. Prosecutors are required to do the best for whom they represent, by law. Unfortunately, when some ambulance chaser (that's the first time I've used that term to actually describe an ambulance chaser) sues a doctor who did nothing wrong, they are legally required to do everything within the law to win for their client. It's up to the jury, or if not that the judge to dispense justice.
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Will, things like this REALLY irritate me. You've got the facts of the McDonald's case all mixed up, and it's blatant misrepresentation.
The plantiff originally asked for her medical and dry cleaning bills to be paid. McDonald's refused. She filed suit and specified an amount above $50,000 in damages (a requirement to keep it out of small claims court). The jury awarded punitive damages because they felt that McDonald's had ignored evidence that their coffee was served too hot and in containers that did not provide containment.
The plantiff did not allege that she didn't know the coffee was hot. She alleged that she didn't know that the coffee was 200 degrees. It was suposed to be served at 165 degrees but was much hotter, obviously. You'll also notice that McDonald's has redesigned the lid to their coffee cups recently, and that is a direct result of this case. If you remember, McDonald's used to have a flat white lid that peeled up. It didn't stay on very well. The plantiff alleged that the lid wasn't properly fastened by the employee when he handed it to her and that 200 degree coffee spilled all over her, resulting in 2nd and 3rd degree burns.
She tried to settle out of court. McDonald's told her to go pound sand. She took her case to court. The jury felt that McDonald's acted in bad faith. I don't disagree even though the award directly impacted a good friend of mine negatively (he was the underwriter for McDonald's liability coverage).
The judge did nothing wrong. The jury did nothing wrong. They both did their duties. Mentioning prosecutors is a big red herring since there was never a prosecutor in the courtroom unless one stopped by as an audience member. There were no criminal proceedings.
Back on topic, reconmike, I'm sorry that your doctor friend pays so much for insurance, but I suspect that you don't have the full story. The national average for OB/GYN professional insurance premiums (or malpractice) is $100,000. In New Jersey, it's probably $150,000.
So that leads me to believe at least one of these is true: a) the doctor has had a large judgement paid against him, b) he's getting sued a lot but not paying anything out (the most probable), c) he has a substance abuse problem or d) his practice encompasses more than the average OB/GYN's.