Comments on: The Trial of a WhiteCoat – Part 6 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/ A blog from inside the emergency department Mon, 22 Mar 2010 00:40:31 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Supremacy Claus http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9231 Supremacy Claus Wed, 24 Jun 2009 06:35:18 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9231 Matt: The lawyer is the one that believes 1) minds can be read, even those of drunken criminals; 2) the future of rare accident can be forecast; 3) 12 strangers can detect the truth by their gut feelings, after all those with any knowledge have been excluded; 4) that a fictional character, the prudent person, sets our standard of prudence, he with the personality of Mickey Mouse, but really a lawyer code word for Jesus Christ, a model of behavior forbidden by the Establishment Clause; 5) that lawyer hierarchy is immune from any accountability, with the sole justification for such a privilege being, they speak with the voice of God. Your profession has psychotic delusions. It imposes them on the public at the point of a gun. The latter is the sole validation of your psychotic core doctrines. Your profession is cuckoo, but unfortunately totally controls the three branches of government. Elected officials are all figureheads, allowed to make 1% of decisions for show. The lawyer hierarchy used indoctrination techniques in law school to get modern students like you to buy this Medieval garbage. Worse. You did not even know the indoctrination took place. Worse. If you are Catholic, you failed to notice that these elements come word for word from the Catechism, including the word, elements. Matt: The lawyer is the one that believes 1) minds can be read, even those of drunken criminals; 2) the future of rare accident can be forecast; 3) 12 strangers can detect the truth by their gut feelings, after all those with any knowledge have been excluded; 4) that a fictional character, the prudent person, sets our standard of prudence, he with the personality of Mickey Mouse, but really a lawyer code word for Jesus Christ, a model of behavior forbidden by the Establishment Clause; 5) that lawyer hierarchy is immune from any accountability, with the sole justification for such a privilege being, they speak with the voice of God.

Your profession has psychotic delusions. It imposes them on the public at the point of a gun. The latter is the sole validation of your psychotic core doctrines. Your profession is cuckoo, but unfortunately totally controls the three branches of government. Elected officials are all figureheads, allowed to make 1% of decisions for show.

The lawyer hierarchy used indoctrination techniques in law school to get modern students like you to buy this Medieval garbage. Worse. You did not even know the indoctrination took place. Worse. If you are Catholic, you failed to notice that these elements come word for word from the Catechism, including the word, elements.

]]> By: Elizabeth http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9223 Elizabeth Tue, 23 Jun 2009 23:15:56 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9223 "Judges need to be held liable for malpractice. Losing on appeal is malpractice on its face." By this reasoning, I assume you feel that the doctor has committed malpractice whenever the patient has an adverse outcome? “Judges need to be held liable for malpractice. Losing on appeal is malpractice on its face.”

By this reasoning, I assume you feel that the doctor has committed malpractice whenever the patient has an adverse outcome?

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9198 Matt Mon, 22 Jun 2009 19:00:24 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9198 1. Lawyers do not hold others to a standard that is set by lawyers. The standard of care is set by the defendant's profession itself in a professional negligence case of any kind. 2. If a case goes up on appeal and is overturned, the person gets another chance. Where is the malpractice damage. 3. Abuse of process/malicious prosecution suits are typically taken on contingency. If you want them to recover a statutory fee as well write your legislator. 4. Pain and suffering damages in most states require a physical harm first. Are you suggesting we expand the ease of obtaining those damages? Future losses are available if you can prove them. 1. Lawyers do not hold others to a standard that is set by lawyers. The standard of care is set by the defendant’s profession itself in a
professional negligence case of any kind.

2. If a case goes up on appeal and is overturned, the person gets another chance. Where is the malpractice damage.

3. Abuse of process/malicious prosecution suits are typically taken on contingency. If you want them to recover a statutory fee as well write your legislator.

4. Pain and suffering damages in most states require a physical harm first. Are you suggesting we expand the ease of obtaining those damages? Future losses are available if you can prove them.

]]> By: Susan http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9197 Susan Mon, 22 Jun 2009 18:31:54 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9197 Tort reform for lawyers could start with the Bar adopting the same professional standards to which they hold all others. 1.Judges need to be held liable for malpractice. Losing on appeal is malpractice on its face. 2.Abuse of process and malicious prosecution suits need to allow for (at least) recovery of attorney fees as damages. Few can afford the 6-figure costs of civil litigation with statutory bans on recovery of costs. 3.Legal malpractice,abuse of process, or malicious prosecution claims need to allow damages for mental anguish, pain and suffering, and non-accrued(assumed future) damages the same as other professions' malpractice exposure. Tort reform for lawyers could start with the Bar adopting the same professional standards to which they hold all others.

1.Judges need to be held liable for malpractice. Losing on appeal is malpractice on its face.

2.Abuse of process and malicious prosecution suits need to allow for (at least) recovery of attorney fees as damages. Few can afford the 6-figure costs of civil litigation with statutory bans on recovery of costs.

3.Legal malpractice,abuse of process, or malicious prosecution claims need to allow damages for mental anguish, pain and suffering, and non-accrued(assumed future) damages the same as other professions’ malpractice exposure.

]]> By: Susan http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9196 Susan Mon, 22 Jun 2009 18:20:49 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9196 Oh!Doc99-- What a good observation! Oh!Doc99– What a good observation!

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9190 Matt Mon, 22 Jun 2009 13:32:19 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9190 Because when people start deviating into the Bill Clinton, 9/11 conspiracy theories, there's not much point in engaging them. The reservation is far behind them. Be happy with the followers you do have. Because when people start deviating into the Bill Clinton, 9/11 conspiracy theories, there’s not much point in engaging them. The reservation is far behind them. Be happy with the followers you do have.

]]> By: Doc99 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9180 Doc99 Sun, 21 Jun 2009 17:22:41 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9180 "Strange game. The only winning move is not to play." Joshua aka WOPR "WarGames" “Strange game. The only winning move is not to play.”

Joshua aka WOPR
“WarGames”

]]> By: Doc99 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9179 Doc99 Sun, 21 Jun 2009 16:34:03 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9179 Not new ... but very old material. "Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough." Abraham Lincoln Not new … but very old material.

“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”

Abraham Lincoln

]]> By: Supremacy Claus http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9177 Supremacy Claus Sat, 20 Jun 2009 23:12:40 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9177 Susan: There is no justification for the self-dealt immunities of the lawyers and judges. The sole reasoning is that the sovereign speaks with the voice of God. That is a psychotic delusion as a justification. It also violates the Establishment Clause. This is not loser pays. This is loser pays for his carelessness and the damage done to the adverse third party, and deviations from professional standards of due care. The filing of a weak case is legal malpractice. The overwhelming majority of case are weak. The class of plaintiff lawyers owes the class of innocent defendants exemplary damages as well as all legal costs. Why do chatty lawyers get all silent when the subject of the benefits of torts for lawyers comes up? Susan: There is no justification for the self-dealt immunities of the lawyers and judges. The sole reasoning is that the sovereign speaks with the voice of God. That is a psychotic delusion as a justification. It also violates the Establishment Clause.

This is not loser pays. This is loser pays for his carelessness and the damage done to the adverse third party, and deviations from professional standards of due care. The filing of a weak case is legal malpractice. The overwhelming majority of case are weak. The class of plaintiff lawyers owes the class of innocent defendants exemplary damages as well as all legal costs.

Why do chatty lawyers get all silent when the subject of the benefits of torts for lawyers comes up?

]]> By: Susan http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-6/#comment-9173 Susan Sat, 20 Jun 2009 19:09:04 +0000 http://www.epmonthly.com/whitecoat/?p=2865#comment-9173 White Coat, malpractice litigation is a horror, the legal system is an obscenity. There is no hope it will change while prey are still available, and predators agree loosely not to feed on one another. Leave, quit, get out before you are exsanguinated. Use your knowledge to keep yourself and loved ones as healthy as possible. Take as many of your brethren with you as possible. White Coat, malpractice litigation is a horror, the legal system is an obscenity.
There is no hope it will change while prey are still available, and predators agree loosely not to feed on one another.

Leave, quit, get out before you are exsanguinated. Use your knowledge to keep yourself and loved ones as healthy as possible.
Take as many of your brethren with you as possible.

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