My post was awaiting moderation because it contains links. I’ll repost without them. I’d sure love you to tell me how I am “mis-reading” these sources.

“You’re kind of angry I’ve had to correct you about so much of your legal knowledge aren’t you? The 7th Amendment doesn’t apply to the states? Really?”

Once again for the cheap seats:

From: The Legal Information Institute (LII) of the Cornell Law School website.

“Courts in Which the Guarantee Applies.—The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts. But when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part, the States may not eliminate trial by jury as to one or more elements. Ordinarily, a federal court enforcing a state–created right will follow its own rules with regard to the allocation of functions between judge and jury, a rule the Court based on the “interests” of the federal court system, eschewing reliance on the Seventh Amendment but noting its influence.”

From: The American Judicature Society Website

“Civil cases in state court

In civil cases in state court, the right to a jury trial is governed by the state’s constitution and statutes. The Supreme Court has repeatedly held that the Seventh Amendment right to a jury trial applies only to federal courts, not to state courts. As a practical matter, though, most states make jury trials widely available for many kinds of civil cases above the level of small claims court.”

But really Matt, I believe you. I’m sure Cornell has it wrong on their website. Now shh, close you eyes, go to sleep and dream of a happy place with lots of physicians to sue…

My post was awaiting moderation because it contains links. I’ll repost without them. I’d sure love you to tell me how I am “mis-reading” these sources.

“You’re kind of angry I’ve had to correct you about so much of your legal knowledge aren’t you? The 7th Amendment doesn’t apply to the states? Really?”

Once again for the cheap seats:

From: http://www(dot)law(dot)cornell(dot)edu/anncon/html/amdt7frag1_user.html#amdt7_hd10

The Legal Information Institute (LII) of the Cornell Law School.

“Courts in Which the Guarantee Applies.—The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts. But when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part, the States may not eliminate trial by jury as to one or more elements. Ordinarily, a federal court enforcing a state–created right will follow its own rules with regard to the allocation of functions between judge and jury, a rule the Court based on the “interests” of the federal court system, eschewing reliance on the Seventh Amendment but noting its influence.”

From: http://www(dot)ajs(dot)org/jc/juries/jc_right_overview.asp

American Judicature Society

“Civil cases in state court

In civil cases in state court, the right to a jury trial is governed by the state’s constitution and statutes. The Supreme Court has repeatedly held that the Seventh Amendment right to a jury trial applies only to federal courts, not to state courts. As a practical matter, though, most states make jury trials widely available for many kinds of civil cases above the level of small claims court.”

But really Matt, I believe you. I’m sure Cornell has it wrong on their website. Now shh, close you eyes, go to sleep and dream of a happy place with lots of physicians to sue…

I agree that anecdata is suboptimal, however, it’s what exists. I didn’t volunteer these anecdotes, you ASKED what I had done to avoid liability and only then did I volunteer it.

“True. That’s what ANY suit feels like. So why do you even get in a car, given the risk you could be negligent in it and get sued?”

Um, I walk to work. Also, haven’t met many drivers who have been sued for driving carefully and doing the best they could for everyone else on the road. Have met a number of physicians who have been sued while trying to do the best for their patients.

“What statutes? Med mal is a common law claim. Do you mean the tort “reform” statutes? Without knowing your state it doesn’t really tell much to tell me you read the ACEP report card. How exactly is California’s worse than Texas’? Because California had to adopt insurance reform when rates didn’t go down?”

Well obviously SOME med mal is common law. However, my state has a few statutes that lay out things like attorney fees (which are still very generous, fear not), whether it’s contributory or comparative negligence, and a few other issues. The TX statutes are better because they include some protection for EMTALA-mandated visits, which is obviously MUCH better for emergency physicians. But nice try. The data I mentioned is all available in the ACEP Report Card (although I mis-cited my state – it’s about 50% higher than the national average, not double, malpractice premiums are double on average, however).

Now…the withdrawal begins.

The explanation of sepsis is unnerving. I’ve known it was serious… but didn’t know the specifics and why some patients die from it..even if not expected to. It just takes over and kills everything off.

Fry, good luck on your law practice. Amy, I hope you think a little more about the basis upon which you’re ordering all these tests, and if you’re billing for them I wouldn’t admit that they weren’t medically necessary. Some third party payors don’t much care for that.

Supremacy, as always, it’s illuminating to read your posts.

Until next time!

My point is it doesn’t appear you’ve seen any evidence other than a few anecdotes.

“To paraphrase: “It is exhausting, emotional, and no matter how good your work-life boundaries are, it feels like a personal attack.” ”

True. That’s what ANY suit feels like. So why do you even get in a car, given the risk you could be negligent in it and get sued?

“I’m sorry, but do YOU have data on “number of med mal cases per patient-doctor encounter” state by state?”

Nope, the only people who have that are the insurers, and they ain’t giving unfiltered statistics out. But again, why would I need it? You are the one who is ordering tests you deem unnecessary based on this risk. I would think that before you changed your behavior and wasted all your time, and likely money, you would make sure that you knew what the risk was and whether your actions would reduce it.

“I speak (knowledgeably) regarding my state’s malpractice climate because I’ve read portions of the statutes myself, and read summaries of the rest, I’ve read the ACEP “report card” for my state and the other 49.”

What statutes? Med mal is a common law claim. Do you mean the tort “reform” statutes? Without knowing your state it doesn’t really tell much to tell me you read the ACEP report card. How exactly is California’s worse than Texas’? Because California had to adopt insurance reform when rates didn’t go down?

” The average of my state’s malpractice awards is double that of the nation. Malpractice premiums are also some of the highest (naturally).”

Can you tell me where one can find these comparisons? I’d be interested to read them.

But hey, as you’ve told me, you’re a smart guy so maybe they just haven’t seen it yet!

Why do I do things to stave off a risk I can’t fully comprehend? Because I’ve seen the other side. I’ve spoken with physicians who have been or are in the process of being sued for malpractice and the message has been clear. To paraphrase: “It is exhausting, emotional, and no matter how good your work-life boundaries are, it feels like a personal attack.” To quote: “You are an impaired practitioner for the entire duration of a medical malpractice trial, and often for years afterwards.” I’ve met capable, competent residency-trained physicians who are so handicapped by a history of one big malpractice award early in their career that they can barely make a medical decision without calling 4 consultants.

I’m sorry, but do YOU have data on “number of med mal cases per patient-doctor encounter” state by state? I am unaware of such statistics, but if you could provide them I would be eternally grateful.

I speak (knowledgeably) regarding my state’s malpractice climate because I’ve read portions of the statutes myself, and read summaries of the rest, I’ve read the ACEP “report card” for my state and the other 49. I’ve read portions of CA and TX statutes as well (TX is really FAR better than CA in this regard, by the way). The average of my state’s malpractice awards is double that of the nation. Malpractice premiums are also some of the highest (naturally).