Comments on: The Trial of a WhiteCoat – Part 7 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/ A blog from inside the emergency department Wed, 08 Feb 2012 17:35:50 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: red rabbit http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-10836 red rabbit Fri, 31 Jul 2009 03:01:56 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-10836 I meant #8, obviously. I meant #8, obviously.

]]> By: red rabbit http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-10835 red rabbit Fri, 31 Jul 2009 02:59:48 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-10835 Superb piece. Tension's incredible. Fortunately for me I'm late to the game and can go straight to #7. One thing you did do is draw a picture in my head of the opposing counsel in a white suit and monocle, with a white kitty, chewing on his little finger: "One MILLION dollars!!!" OK, so I'm an idiot, but it made me laugh. Off to #7. Superb piece. Tension’s incredible. Fortunately for me I’m late to the game and can go straight to #7.

One thing you did do is draw a picture in my head of the opposing counsel in a white suit and monocle, with a white kitty, chewing on his little finger:

“One MILLION dollars!!!”

OK, so I’m an idiot, but it made me laugh. Off to #7.

]]> By: SeaSpray http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-10286 SeaSpray Mon, 20 Jul 2009 01:57:18 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-10286 You're so funny WC! However... I felt your mounting tension. I think it is stupid how everyone in court has to play this game of pretend... so as not to influence the jury against you. Are people really that petty and small minded to vote guilty because you could quench your thirst before they do? I mean... I might be a bit jealous... but I sure as heck wouldn't hold it against you and vote to have all your assets taken away. That's surely just a tad harsh. ? I take it back. You're not funny. You're HILARIOUS! Sorry I am laughing during presumably one of the most painful times of your life... but it is the way in which you present your story. Suffice it to know..that if we ever have occasion to meet... I will be wearing steel reinforced closed toe (designer)shoes... and gloves. I'm just sayin. Love the snapping of the glove/lube thing. that must've been a power shifting thought. :) You’re so funny WC!

However… I felt your mounting tension.

I think it is stupid how everyone in court has to play this game of pretend… so as not to influence the jury against you.

Are people really that petty and small minded to vote guilty because you could quench your thirst before they do? I mean… I might be a bit jealous… but I sure as heck wouldn’t hold it against you and vote to have all your assets taken away. That’s surely just a tad harsh. ?

I take it back. You’re not funny.

You’re HILARIOUS! Sorry I am laughing during presumably one of the most painful times of your life… but it is the way in which you present your story.

Suffice it to know..that if we ever have occasion to meet… I will be wearing steel reinforced closed toe (designer)shoes… and gloves.

I’m just sayin.

Love the snapping of the glove/lube thing. that must’ve been a power shifting thought. :)

]]> By: Around the web, July 3 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9439 Around the web, July 3 Fri, 03 Jul 2009 04:13:07 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9439 [...] in White Coat’s saga of his malpractice case [Emergency Physicians Monthly, parts seven and [...] [...] in White Coat’s saga of his malpractice case [Emergency Physicians Monthly, parts seven and [...]

]]> By: Shalom (R.Ph.) http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9257 Shalom (R.Ph.) Thu, 25 Jun 2009 16:40:58 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9257 I'm reminded of a piece I read many years ago in the NY Post, probably by Pete Hamill. Not sure if this is a true story or fiction, although with the Post you never know anyway... A certain mobster (forgot which) was about to go on trial. Last thing the lawyer said to him, day before the trial, "One more thing, you gotta do something about your suit." Mobster says "What's the matter with my suit? This suit cost me a thousand dollars!" Lawyer says "That's exactly the problem, you're about to go in front of a jury of twelve guys who make less than your tailor. Do me a favor, go down to Alexander's and buy a suit off the rack." Next day the mobster is a no-show at the trial. The lawyer wangles a postponement, calls the guy at home and asks "Where the hell were you?" The guy says, "Well, I went over to Alexander's, and took a look at what they had on the rack..." "Yeah?" "...I'd rather go to jail." I’m reminded of a piece I read many years ago in the NY Post, probably by Pete Hamill. Not sure if this is a true story or fiction, although with the Post you never know anyway… A certain mobster (forgot which) was about to go on trial. Last thing the lawyer said to him, day before the trial, “One more thing, you gotta do something about your suit.”

Mobster says “What’s the matter with my suit? This suit cost me a thousand dollars!”

Lawyer says “That’s exactly the problem, you’re about to go in front of a jury of twelve guys who make less than your tailor. Do me a favor, go down to Alexander’s and buy a suit off the rack.”

Next day the mobster is a no-show at the trial. The lawyer wangles a postponement, calls the guy at home and asks “Where the hell were you?” The guy says, “Well, I went over to Alexander’s, and took a look at what they had on the rack…” “Yeah?” “…I’d rather go to jail.”

]]> By: Bookwyrm http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9226 Bookwyrm Wed, 24 Jun 2009 02:44:18 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9226 I do wish you'd reconsider and give us more than just a couple posts a week....your writing style is great! I do wish you’d reconsider and give us more than just a couple posts a week….your writing style is great!

]]> By: dragonfly http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9219 dragonfly Tue, 23 Jun 2009 15:56:32 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9219 Another cliffhanger..... As Sue said, you really are a terrific writer. Another cliffhanger….. As Sue said, you really are a terrific writer.

]]> By: Supremacy Claus http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9212 Supremacy Claus Tue, 23 Jun 2009 03:50:22 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9212 Memo to Innocent Self: Always file a cross claim against the other defendants. That way, if any wants to betray clinical care, they need my permission to settle and to get out. Or, they need to pay me big time for their confessed carelessness. Or, they need to do the right thing, defend clinical care against the land pirates. The land pirate learns only from pain. Memo to Innocent Self: Always file a cross claim against the other defendants. That way, if any wants to betray clinical care, they need my permission to settle and to get out. Or, they need to pay me big time for their confessed carelessness. Or, they need to do the right thing, defend clinical care against the land pirates. The land pirate learns only from pain.

]]> By: DaveyNC http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9209 DaveyNC Tue, 23 Jun 2009 02:37:15 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9209 Dude. You're killin' me. Dude. You’re killin’ me.

]]> By: Max Kennerly http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-7/#comment-9208 Max Kennerly Tue, 23 Jun 2009 02:21:25 +0000 http://www.epmonthly.com/whitecoat/?p=2893#comment-9208 If they're at the beginning of trial, then summary judgment has been denied. Next opportunity for a dismissal comes at the end of plaintiff's case. The 'usual' motions right at the beginning of trial involve one side's attempts to kick out another's evidence and experts. It's hard to see, though, why a judge would get worked up about those, that's just standard business. I'm guessing it was a motion to stay, a motion for the judge to recuse, a motion for an interlocutory appeal, something unusual. Maybe a motion to amend plaintiff's complaint to include punitives or a new theory of damages. Before everyone hops up and down about plaintiff's lawyers doing all these motions right at the time of trial, realize (1) it's how the system is set up and (2) defense lawyers do it just as often. It's part of why I like practicing in an urban jurisdiction: the volume of cases compels the judges and court system to take a hard line on gaming the system. If you "find" documents at the last minute or the like, odds are the court will preclude everything and trash your case for the stunt. If they’re at the beginning of trial, then summary judgment has been denied. Next opportunity for a dismissal comes at the end of plaintiff’s case.

The ‘usual’ motions right at the beginning of trial involve one side’s attempts to kick out another’s evidence and experts. It’s hard to see, though, why a judge would get worked up about those, that’s just standard business.

I’m guessing it was a motion to stay, a motion for the judge to recuse, a motion for an interlocutory appeal, something unusual. Maybe a motion to amend plaintiff’s complaint to include punitives or a new theory of damages.

Before everyone hops up and down about plaintiff’s lawyers doing all these motions right at the time of trial, realize (1) it’s how the system is set up and (2) defense lawyers do it just as often.

It’s part of why I like practicing in an urban jurisdiction: the volume of cases compels the judges and court system to take a hard line on gaming the system. If you “find” documents at the last minute or the like, odds are the court will preclude everything and trash your case for the stunt.

]]>