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	<title>Comments on: The Trial of a WhiteCoat &#8211; Part 8</title>
	<atom:link href="http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/</link>
	<description>A blog from inside the emergency department</description>
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		<title>By: SeaSpray</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-10289</link>
		<dc:creator>SeaSpray</dc:creator>
		<pubDate>Mon, 20 Jul 2009 02:19:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-10289</guid>
		<description>So frustrating!

Still .. laughing tho.

There are 2 legal cases going on that I am privy to..even somewhat close to and I can not believe..all the delays.  One of them involves the murder I mentioned last year.

I know that one is like comparing apples to bowling balls with your case.

The person is allegedly accused of shooting his wife in the temple. (Feb 08)he was under house arrest until a judge recently lifted it and the man is free to go where he wants to.  Any idea how uncomfortable that makes a lot of people who live near this person..who has a history of angry outbursts?

And recently some towns people were at a meeting involving another legal case...involving this man and someone brought the murder trial up.  A representative of the Attorney General&#039;s office said the murder case could take years before it goes to trial.

You have to be kidding me! The police had the house guarded for 3 days while they collected evidence before they pressed charges.  I know innocent until proven guilty.

I am just FLOORED that something so serious could be put off for so long and in the mean time a murderer is roaming free.  ???  If it wasn&#039;t him..then it was someone else and all this time is being wasted.

Sorry... this post regarding delays..hit a nerve!

I do not understand our legal system!</description>
		<content:encoded><![CDATA[<p>So frustrating!</p>
<p>Still .. laughing tho.</p>
<p>There are 2 legal cases going on that I am privy to..even somewhat close to and I can not believe..all the delays.  One of them involves the murder I mentioned last year.</p>
<p>I know that one is like comparing apples to bowling balls with your case.</p>
<p>The person is allegedly accused of shooting his wife in the temple. (Feb 08)he was under house arrest until a judge recently lifted it and the man is free to go where he wants to.  Any idea how uncomfortable that makes a lot of people who live near this person..who has a history of angry outbursts?</p>
<p>And recently some towns people were at a meeting involving another legal case&#8230;involving this man and someone brought the murder trial up.  A representative of the Attorney General&#8217;s office said the murder case could take years before it goes to trial.</p>
<p>You have to be kidding me! The police had the house guarded for 3 days while they collected evidence before they pressed charges.  I know innocent until proven guilty.</p>
<p>I am just FLOORED that something so serious could be put off for so long and in the mean time a murderer is roaming free.  ???  If it wasn&#8217;t him..then it was someone else and all this time is being wasted.</p>
<p>Sorry&#8230; this post regarding delays..hit a nerve!</p>
<p>I do not understand our legal system!</p>
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		<title>By: Around the web, July 3</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9440</link>
		<dc:creator>Around the web, July 3</dc:creator>
		<pubDate>Fri, 03 Jul 2009 04:15:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9440</guid>
		<description>[...] All assemble for trial: more installments in White Coat&#8217;s saga of his malpractice case [Emergency Physicians Monthly, parts seven and eight] [...]</description>
		<content:encoded><![CDATA[<p>[...] All assemble for trial: more installments in White Coat&#8217;s saga of his malpractice case [Emergency Physicians Monthly, parts seven and eight] [...]</p>
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		<title>By: JMills</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9382</link>
		<dc:creator>JMills</dc:creator>
		<pubDate>Tue, 30 Jun 2009 06:59:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9382</guid>
		<description>DKA -- Diabetic Keto-Acidosis, correct?

Otherwise known as that strange fruity smell from aisle six.</description>
		<content:encoded><![CDATA[<p>DKA &#8212; Diabetic Keto-Acidosis, correct?</p>
<p>Otherwise known as that strange fruity smell from aisle six.</p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9288</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Sat, 27 Jun 2009 12:59:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9288</guid>
		<description>It certainly is not bullshit. Every strange, inexplicable, oddball decision, you will notice, increases lawyer billing.</description>
		<content:encoded><![CDATA[<p>It certainly is not bullshit. Every strange, inexplicable, oddball decision, you will notice, increases lawyer billing.</p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9287</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Sat, 27 Jun 2009 12:56:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9287</guid>
		<description>Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. 

As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. 

Some of the issues are here. 

http://www.parentingatwork.org/facts.html

It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer. 

One&#039;s peers are one&#039;s fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They add hours and days to their billed time. 

As to undue influence of a dominating person on the jury, that would end by allowing only one secret vote upon entering the jury room, without discussion of the case. Then everyone can go home. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty, e.g. 9 of 12.</description>
		<content:encoded><![CDATA[<p>Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. </p>
<p>As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. </p>
<p>Some of the issues are here. </p>
<p><a href="http://www.parentingatwork.org/facts.html" rel="nofollow">http://www.parentingatwork.org/facts.html</a></p>
<p>It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer. </p>
<p>One&#8217;s peers are one&#8217;s fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They add hours and days to their billed time. </p>
<p>As to undue influence of a dominating person on the jury, that would end by allowing only one secret vote upon entering the jury room, without discussion of the case. Then everyone can go home. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty, e.g. 9 of 12.</p>
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		<title>By: Bookwyrm</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9283</link>
		<dc:creator>Bookwyrm</dc:creator>
		<pubDate>Sat, 27 Jun 2009 04:05:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9283</guid>
		<description>Um, pardon my limited knowledge, but doesn&#039;t the law say something about a right to a speedy trial? 

Oh and Supremacy Clause - although I agree with you completely in principle on the idea that jurors should receive full compensation for their time and no one should be exempted....just out of curiosity, how would you compensate a stay-at-home mother who technically earns no salary; also, what would you suggest she do with a breast-fed only infant who has never been away from Mom &amp; (for whatever reason) has not yet been introduced to bottles?</description>
		<content:encoded><![CDATA[<p>Um, pardon my limited knowledge, but doesn&#8217;t the law say something about a right to a speedy trial? </p>
<p>Oh and Supremacy Clause &#8211; although I agree with you completely in principle on the idea that jurors should receive full compensation for their time and no one should be exempted&#8230;.just out of curiosity, how would you compensate a stay-at-home mother who technically earns no salary; also, what would you suggest she do with a breast-fed only infant who has never been away from Mom &amp; (for whatever reason) has not yet been introduced to bottles?</p>
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		<title>By: Mark</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9282</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Sat, 27 Jun 2009 00:02:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9282</guid>
		<description>I&#039;m not a lawyer or a doctor, so I know nothing about nothing, but this process sounds like such bullshit. Each new entry makes my heart rate go up at the fooking pointlessness of it all. Healthcare is not a normal business. The tort rules that govern most interactions shouldn&#039;t be the same.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not a lawyer or a doctor, so I know nothing about nothing, but this process sounds like such bullshit. Each new entry makes my heart rate go up at the fooking pointlessness of it all. Healthcare is not a normal business. The tort rules that govern most interactions shouldn&#8217;t be the same.</p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9278</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Fri, 26 Jun 2009 14:43:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9278</guid>
		<description>It is appropriate to demand of the defense lawyer that no delay be granted. It is bad form to not show up for one&#039;s trial. So, the lawyer can argue that a delay will cause additional disruption in the care of 100&#039;s of patient, and should be granted. Judges do care about that. 

The defense lawyer should be asking the doctor, but makes more money when a delay takes place. The doctor should be allowing it only if there is a clearly explained tactical advantage for the defense.</description>
		<content:encoded><![CDATA[<p>It is appropriate to demand of the defense lawyer that no delay be granted. It is bad form to not show up for one&#8217;s trial. So, the lawyer can argue that a delay will cause additional disruption in the care of 100&#8217;s of patient, and should be granted. Judges do care about that. </p>
<p>The defense lawyer should be asking the doctor, but makes more money when a delay takes place. The doctor should be allowing it only if there is a clearly explained tactical advantage for the defense.</p>
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		<title>By: midwest woman</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9276</link>
		<dc:creator>midwest woman</dc:creator>
		<pubDate>Fri, 26 Jun 2009 13:09:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9276</guid>
		<description>Somebody needs to explain to me what a jury of your peers really means. I heard once it just meant demographics so if you&#039;re a pink polka dot person who just happens to live in an area with green polka dot people, your jury will consist of the green polka dot people. I know that sounded silly but really how can a jury of non-medical laypeople judge a physician in a medical malpractice case?</description>
		<content:encoded><![CDATA[<p>Somebody needs to explain to me what a jury of your peers really means. I heard once it just meant demographics so if you&#8217;re a pink polka dot person who just happens to live in an area with green polka dot people, your jury will consist of the green polka dot people. I know that sounded silly but really how can a jury of non-medical laypeople judge a physician in a medical malpractice case?</p>
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		<title>By: Michael</title>
		<link>http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-8/#comment-9273</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Fri, 26 Jun 2009 04:32:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.epmonthly.com/whitecoat/?p=2896#comment-9273</guid>
		<description>Hey, have you seen this news article?
&lt;a&gt;New details about Michael Jackson&#039;s Death Emerge&lt;/a&gt;
I was wondering if you were going to blog about this...</description>
		<content:encoded><![CDATA[<p>Hey, have you seen this news article?<br />
<a>New details about Michael Jackson&#8217;s Death Emerge</a><br />
I was wondering if you were going to blog about this&#8230;</p>
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