Comments for Overlawyered

Comment on Update: lawprof drops suit against students by MF

MF — Wed, 19 Nov 2008 00:38:55 +0000

Either that, or he realized he didn’t have a leg to stand on in his lawsuit, and it helped to rehabilitate his name by making it look like - let’s all say it together - it wasn’t about the money.

Comment on Alan Keyes sues Barack Obama by Charlie Bratten

Charlie Bratten — Tue, 18 Nov 2008 23:18:29 +0000

Why? They are suing to invalidate California’s election of electors pledged to Obama per California law.

Comment on “Dr. Megaworkup” by Jim Collins

Jim Collins — Tue, 18 Nov 2008 21:43:05 +0000

Since there appears to be so many knowledgeable people posting on this, let me ask a question. I’m in my early 40’s, about 6′-2″ and on the heavy side. Two weeks ago I cut my right leg and because it was a Saturday I went to the local Emergency Room for stitches. Did I really need an EKG and a sonogram on both legs? That’s what I got. Is this defensive medicine or not? By the way if I didn’t get both tests they were not going to stitch my leg.

Comment on American Apparel arbitration, cont’d by scote

scote — Tue, 18 Nov 2008 21:42:45 +0000

“The lawyers had no duty to insure that the public got the facts or that the issues were resolved based on a real trial before a real tribunal with real evidence.’””

Interesting that a so-called ethicist would find no fault in a conspiracy to create a materially false public record of fact regarding the case.

Comment on New at Forbes.com: RFK Jr. to EPA? by Barney Fine

Barney Fine — Tue, 18 Nov 2008 21:37:36 +0000

As some may recall, it was Robert Kennedy, who blabbered that God was taking out his revenge on Mississippi because its Governor(Haley B), did not believe in Global warming, in the wake of Katrina.
He made that sutpid remark at a time he thought Katrina had missed New Orleans. He apparently is ignorant of the force of winds, that lifted the water in a storm surge on the Lake, that swept down the 17th Street canal, taking out faulty Corps of Engineers levees, leading to Lake Orleans.
Robert Kennedy would be a tragic disaster at EPA.
But, he would burn a lot of jet fuel on all the lear jets he cavorts around in, as he makes his sermons to others. What a pious phony.
Is that going to be put under “CHANGE”.
Change in that category would be to bring the USA to its knees economically, but that is kool with the Carbon CAP options lot, who like to play bait and switch with other people’s life.
As some may recall, it was JFK who brought America the Vietnam war, as people like Robert Kennedy got passes, as the front lines were filled with others(AMERICANS), who had to pay the ultimate prices.

Comment on Gerry Spence to trial lawyers: “We are the most important people in America” by ruralcounsel

ruralcounsel — Tue, 18 Nov 2008 21:22:45 +0000

As if our legal system doles out justice.

Well, it tries, imperfectly. But this kind of hyperbole is stomach-turning. And in my opinion, just wrong. And I’m a lawyer.

I echo the comments of #8 … we owe our freedoms more to our veterans than anyone else.

Comment on Richard Epstein on Wyeth v. Levine by Blah

Blah — Tue, 18 Nov 2008 20:45:23 +0000

Bruce,

That can’t be true. My torts professor assures me that tort lawyers don’t do that. Tort is the source of truth and justice in America. Without which the rights of the little would be trampled on by the big feet of the rich.

Comment on “Dr. Megaworkup” by gitarcarver

gitarcarver — Tue, 18 Nov 2008 19:57:04 +0000

Mr. Miller,

Allow me to offer some counterpoints to your response. I’ll keep the same numbering system you initiated.

2. As I said originally, the CBO never issued its methodology for gathering data. This includes what they define as “defensive medicine.” The common definition used in other studies seems to be “practices that give a defense in the case of litigation, or practices that help pay for increased costs from litigation.” (increased maplractice insurance, etc.) While your point that “almost every doctor would prefer a lawsuit in a case where they were not responsible than NOT getting sued in a case where they seriously harmed someone” is valid, the fact remains that many doctors are practicing “defensive medicine” to either try to avoid being sued, or to help pay for insurance costs driven by others who HAVE been sued. Either way, there is no doubt that the practice of “defensive medicine” is out there and prevelant.

3. I believe the exact opposite. The doctors who practice defensive medicine are the ones more likely to try and stay in the profession and not get litigated out of it. While I appreciate your qualifer of “some,” the fact remains that “some” implies the “majority” of the doctors are practicing defensive medicine for the reasons stated which have nothing to do with patient care. “Defensive medicine” is practiced because of the “bottom line.”

4. I think you missed the point. The CBO study doesn’t give methodology, so it is impossible to figure out where they were getting their data and therefore their conclusions. Other studies that offered methodolgy questioned doctors and nurses - the “boots on the ground” - and came to radically different conclusions than the CBO study. Which study is more believeable? You mileage may vary, but I am going to take the one where the methodology is given and the people questioned are directly involved rather than a unknown methodology based on unknown inputs.

Comment on “Dr. Megaworkup” by throckmorton

throckmorton — Tue, 18 Nov 2008 17:28:43 +0000

We need to practice a “Medical Standard of Care” that is based on evidence based research. Instead we have a “Standard of medical care legally based”. The difference is the cases mentioned. Evidence based research can say that your exam and physical findings are correct with a 99.9% sensitivity and specificity, but the courts have shown that this is not enough, therefore we gets scans and all other kinds of tests. This leads to wasted heathcare dollars.

Unfortunately, we are training our medical students to order tests like crazy and not to have them be fiscally responsible with healthcare resources. If we allow evidence based medicine to be the “Standard” we can be fically responsible and use the healthcare dollars for more care rather then “litigation care” and actually reform medicine. The problem of course is the patient with the headache who come to the er and has classic migraine and then sues years later for the undiagnosed meningioma that is and always has been asymptomatic.

Comment on War crimes trials? No thanks by November 18 roundup

November 18 roundup — Tue, 18 Nov 2008 16:17:17 +0000

[...] In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier] [...]