Santorum's Wife Sued Doctor For $500,000, Despite Senator's Calls For Tort Reform

[JB Books]

Maybe we should cap the lawyers fees. Have a system like a minimum of $5000 or 1% of the award, whichever is greater. Then there would be less incentive to take up BS claims. $500,00 for a "bungled manipulation" seems like total BS. I'd bet dollars to donuts her disc was herniated before the manipulation.

BTW, doctors have all kinds of limits on how much they can make so it's only fair.

Who caps what you make? An insurance company or HMO that you contracted with?

 

[HMFIC]

Apples to Oranges. However, clients come out pretty good on legal malpractice cases, provided they have a real case.

I will give the legal eagles their due in that they try to police their own via Bar investigations and discipline.

 

[JB Books]

Were you a Plaintiffs or Defendants lawyer??

Plaintiff's side. ha ha

 

[RidgeHunter]

Meh, she's married to a dude who speaks out against oral secks. She deserves some pain and suffering money.

 

[JB Books]

I will give the legal eagles their due in that they try to police their own via Bar investigations and discipline.

Yep. They do a good job.

 

[doctorjj]

Who caps what you make? An insurance company or HMO that you contracted with?

The government in several ways. First off with Medicare, which of course you coukd counter with the argument, well just don't accept Medicare. However, that isn't really a viable option for most doctors. Too many patients only have that as a payer source. They do drive the prices though, even if you don't accept Medicare. Another way is through legislation. Doctors are capped at making $500/hr when being paid from industry. Say I am paid to give a lecture for Stryker. They can only pay me for the time spent lecturing. They can't reimburse me for the time I missed from my clinic or the OR. They can't reimburse me for my travel time. Only the actual lecture. And again, the price is capped at $500/hr. Now that is great money but keep in mind that the lawyers from the DOJ who Stryker hired as consultants to interpret these new laws charged Stryker $980/hr!

 

[Billybob]

Lawyers get sued for malpractice all the time. I used to handle some legal malpractice claims.

Is it true to prove legal malpractice you have to show the case would have turned out differently if not for the alleged malpractice? To prove that wouldn't another lawyer have to do the case over and get a different result?

 

[BadgeBunny]

Plaintiff's side. ha ha

Rule No. 1: Never ask a question you don't already know the answer to. ha ha

 

[BadgeBunny]

Is it true to prove legal malpractice you have to show the case would have turned out differently if not for the alleged malpractice? To prove that wouldn't another lawyer have to do the case over and get a different result?

LOL ... details, details Billybob ...

 

[JB Books]

Is it true to prove legal malpractice you have to show the case would have turned out differently if not for the alleged malpractice? To prove that wouldn't another lawyer have to do the case over and get a different result?

Most of the time, yes, you have to prove the underlying case. So for example, if you go to a lawyer with a slip and fall case and your lawyer blows your statute of limitations by not properly filing your case in time, you'd still have to prove the case was viable. In other words that your case was good to begin with.