High Lord Gomer
Poked with Sticks
- Sep 26, 1999
- 11,790
- 34
I thought the jury's decision had to be unanimous. How could you have voted not guilty and still had the jury as a whole find the Dr. guilty?bsmith said:
Those Darn Frivolous Lawsuits - McDonald's Coffee case
- Thread starter robwbright
- Start date
- Jan 1, 2001
- 3,043
- 9
With a little more than 4% of a brain it'd be hard enough to keep from crappin' yourself. :uh:XRpredator said:
oldguy
Always Broken
- Dec 26, 1999
- 9,419
- 0
I would probably be an attorney thenrobwbright said:
Then why do attorneys baffle them with bull****. Because they know the jurors often are not smart enough to decide and think the attorney is an expert
This correctly stated would be there are more then enough to take the case but relatively few attorneys with enough scruples to turn it down
Your choice for whatever reason be it you thought you'd be making big money or foolish enough to think you were going to change the world
After being a bailiff for 4 years the percentage of attorneys I saw put on a case that was worthy of applause was very small but surprisingly I saw many self represented people put on extremely good cases
oldguy
Always Broken
- Dec 26, 1999
- 9,419
- 0
Often to protect the attorney from having to show his cutrobwbright said:
And I suppose you want us to think it is the corporate heads stalling and not their attorneys
yes I do and to me this large settlemnet the attorney got for her sounds good until you do some math
Figure she got the $480,000- $160,000 (for medical bills)-150,000 (for the attorneys )=$170,000 So in this case she did all the sufferring and the attorney's collected almost as much as she did. This is accepting your estimate of the attorneys take which at 31.2% which seems very low for a trial fee
Civil Trial vs Criminal Trial.
First we had to decide if there was a reasonable doubt that the Doc was guilty if malpractice. As I recall it it was 10 to 2, since it was a majority he was guitly of malpractice, then you decide on damages.
First we had to decide if there was a reasonable doubt that the Doc was guilty if malpractice. As I recall it it was 10 to 2, since it was a majority he was guitly of malpractice, then you decide on damages.
robwbright
Member
- Apr 8, 2005
- 2,283
- 0
- Thread starter
- #32
BTW, isn't this all actually the general public's fault?
The public elects the legislature, which then passes the laws which create the cause of action which allows these suits that so many people think are frivolous. And again, note that the JURY is granting the Plaintiffs the large awards for some reason. . .
BTW, do you have any idea how difficult it is to actually win a medical malpractice case.
In the county I practice in the most, there has NEVER - I repeat - NEVER been a verdict against a doctor from the local hospital, "Pleasant Valley". Yet, local doctors and attorneys refer to the hospital as "Death Valley" because so many of the docs are incompetent.
Before you file a med mal suit you have to have a Doctor say in writing that the doctor to be sued has committed malpractice. This is sometimes called a certificate of merit. Most docs cover for other docs, so it's very difficult to find one.
If you don't have that certificate of merit and file the suit anyway, then the case will be summarily dismissed and you will pay the other side's attorney fees and costs.
Even after getting the certificate of merit, you still have - at best - about a 5-10% chance of actually winning the case.
We turn down almost all med mal cases because either they are baseless or when they aren't, we can't find a doc who will say in writing that the treating physician committed malpractice - even though the doc will verbally tell the patient it was.
The most recent case could not file had these facts:
Woman has baby. Woman comes back to hospital 6 times in the next 6 weeks complaining of bleeding, severe pain, etc. . . In ALL cases the Doc refuses to re-examine, tells her there is nothing wrong, that it's all in her head, that it's post-partum depression, etc. . . and gives her pain meds.
She finally gets fed up and goes to another doc. He examines her and finds that the First Doc failed to remove a large piece of the placenta and the placenta was rotting inside her. She was about 24 hours from death. She had to have a complete hysterectomy as a result of the failure to remove the placenta.
The second doc told her to her face that it was malpractice. When we contacted him, he refused to say that in writing.
She had 6 weeks of severe pain, near death, can no longer have children and her hormones are permanently screwed up.
Is that a frivolous lawsuit?
You tell me, but it will never be filed because she could not find a doctor that would say in writing that the first doc committed malpractice - the statute of limitations has already run on that case.
That happens in the majority of med mal cases - legitimate or not.
Of course, if you do win one, the verdict is usually quite large because Docs and hospitals have lots of money lots of insurance and the damages are usually very severe.
The public elects the legislature, which then passes the laws which create the cause of action which allows these suits that so many people think are frivolous. And again, note that the JURY is granting the Plaintiffs the large awards for some reason. . .
BTW, do you have any idea how difficult it is to actually win a medical malpractice case.
In the county I practice in the most, there has NEVER - I repeat - NEVER been a verdict against a doctor from the local hospital, "Pleasant Valley". Yet, local doctors and attorneys refer to the hospital as "Death Valley" because so many of the docs are incompetent.
Before you file a med mal suit you have to have a Doctor say in writing that the doctor to be sued has committed malpractice. This is sometimes called a certificate of merit. Most docs cover for other docs, so it's very difficult to find one.
If you don't have that certificate of merit and file the suit anyway, then the case will be summarily dismissed and you will pay the other side's attorney fees and costs.
Even after getting the certificate of merit, you still have - at best - about a 5-10% chance of actually winning the case.
We turn down almost all med mal cases because either they are baseless or when they aren't, we can't find a doc who will say in writing that the treating physician committed malpractice - even though the doc will verbally tell the patient it was.
The most recent case could not file had these facts:
Woman has baby. Woman comes back to hospital 6 times in the next 6 weeks complaining of bleeding, severe pain, etc. . . In ALL cases the Doc refuses to re-examine, tells her there is nothing wrong, that it's all in her head, that it's post-partum depression, etc. . . and gives her pain meds.
She finally gets fed up and goes to another doc. He examines her and finds that the First Doc failed to remove a large piece of the placenta and the placenta was rotting inside her. She was about 24 hours from death. She had to have a complete hysterectomy as a result of the failure to remove the placenta.
The second doc told her to her face that it was malpractice. When we contacted him, he refused to say that in writing.
She had 6 weeks of severe pain, near death, can no longer have children and her hormones are permanently screwed up.
Is that a frivolous lawsuit?
You tell me, but it will never be filed because she could not find a doctor that would say in writing that the first doc committed malpractice - the statute of limitations has already run on that case.
That happens in the majority of med mal cases - legitimate or not.
Of course, if you do win one, the verdict is usually quite large because Docs and hospitals have lots of money lots of insurance and the damages are usually very severe.
It should be a LOT harder and limits placed on $$. I'm sick of funding it.
Are there real cases? Yup.
You'll have a hard time defending lawyers in this sue happy / get rich quick society we live in.
And I thought you didn't like the government? It's made up of lawyers.
Thump
Jr Admin Type
- Jan 17, 2000
- 4,656
- 7
There is a cap on it in Texas now. TORT reform. Spill hot coffee on your crotch you get $250K (I think that is the right number). Doctor gives your infant 500 mg of glucose instead of 50 mg in the ER for dehydration and fries their brain... you get $250K. :whoa:Okiewan said:
IMO the solution is not a cap, it is common sense.
With regards to McDonalds... Yeah the lady should not have had cofee in her lap. But the FDA put regulations in place for serving temperatures of foods for several reasons. If food is too cold, bacteria can grow, if it is too hot burns can occur. If she ordered a big mac that was cold and had ecoli in it, got sick they would have been popped for not following the FDA regs. In this case they disregarded the FDA regs and a lot of people got burned. IMO if you are going to serve food to the public you have to follow the FDA regs. You want to stick your face in a grill at home... so be it. You want to use that grill to sell food to the public, you'll have to follow FDA regs for serving temps and barriers around the grill to prevent the public from burning themselves.
Is it perfect? No. But McDonalds decided to disregard 700 burn cases and FDA regs. and they got nailed for it.
I am not a big fan of frivelous law suits and laweres getting rich off of it, but I am also not a fan of big businesses beating the system with their corp lawers because the general public does not have the $$ to afford good legal representation.
If McDonalds would lower the temp of their coffee in response to these lawsuits, it would be seen as an admission of wrong doing, and would immediately be capitalized upon by young litigators anxious to pay off their $160,000 student loans.
Torte reform is a must.
I think award ceilings are a good thing. And I also think it would be benificial to make it so that if you fail at making your case, you should be strapped with ALL the court costs incurred by both sides. Knowing this would lesson the likelyhood that you go to court with nothing more than the hope of hitting a payday at the expense of good people and their companies.
My ex is a prime example of how the system needs reform.
She had applied for a job at Ford Motors as an assembly line worker. At the time they were not doing any hiring at that particular plant.
She got wind of about 6 other gals that had decided that they were going to file suit against the automaker for denying them employment on the basis that they were women.
It's an absurd notion to think that Ford discriminates on the basis of sex. Yet these 6 or 7 unsightly hags were given employment just to settle the suit. This also means they have Ford by the short hairs, as they won't dare lay these system abusers off for any reason, short of plant closure. Oh, and they were all given ~$6000 cash each as well.
How proud their lawyer must be.
Torte reform is a must.
I think award ceilings are a good thing. And I also think it would be benificial to make it so that if you fail at making your case, you should be strapped with ALL the court costs incurred by both sides. Knowing this would lesson the likelyhood that you go to court with nothing more than the hope of hitting a payday at the expense of good people and their companies.
My ex is a prime example of how the system needs reform.
She had applied for a job at Ford Motors as an assembly line worker. At the time they were not doing any hiring at that particular plant.
She got wind of about 6 other gals that had decided that they were going to file suit against the automaker for denying them employment on the basis that they were women.
It's an absurd notion to think that Ford discriminates on the basis of sex. Yet these 6 or 7 unsightly hags were given employment just to settle the suit. This also means they have Ford by the short hairs, as they won't dare lay these system abusers off for any reason, short of plant closure. Oh, and they were all given ~$6000 cash each as well.
How proud their lawyer must be.
- Aug 29, 2004
- 2,958
- 0
what about the gratuitous hags holding the traffic signs for the construction zones, while the guy with 20 years seniority on them is busting his arse...........as long as they get equal opportunity to bust their arse , then it might be ok imho
- Aug 2, 2000
- 13,510
- 19
Dude, you want to put time in doing the most boring-ass, thankless job on the planet, not to mention dangerous? Be a flagger. I'd rather be busting my ass in a ditch changing out a sewer main than be a flagger.ellandoh said:
back to your regularly scheduled program
Since we're already getting off track...our local public TV station has a bianual auction of donated item to raise money. This year they aren't acepting a donation from a registered massage place because the station is worried about lawsuits. What the hell! They had been selling the massages for several years.
Madame Woo's Asian Moon Massage Parlor
"We rub you long time!"
"We rub you long time!"
oldguy
Always Broken
- Dec 26, 1999
- 9,419
- 0
where are you Rob can not find any cut n paste???
I see when you are jabbing the police or government you like to start it up and keep it going but when your attorney post doesn't go your way you first get defensive, then when loosing control you disappear
I see when you are jabbing the police or government you like to start it up and keep it going but when your attorney post doesn't go your way you first get defensive, then when loosing control you disappear
Lost in all that crapola about the idiot woman at McDonald's is that the stupid ho took the lid off of her coffee before putting it between her legs.
Yet, it is still McDonald's fault she got burned.
Only in the fairy tale world of the trial lawyer.
Back here on planet earth, she made a conscious decision to do something stupid (put an uncovered hot liquid between her legs) and then decided to get rich when her stupidity resulted in her injury.
You know what? I've done the EXACT same thing before myself and my only thought afterwards was "Man, I'm such a dumbass, I should have known better than to do that in the first place." Never once did "Sue somebody!" enter my mind.
As for FDA regs on food serving temperatures, please explain to me how these relate to the sizzling skillet you get when you order fajitas or a steak at a steakhouse. I'll bet they're both hotter than 190F. Want to bet that bad boy would burn the **** out of you if you put it in your lap? If I do so and burn myself, is the restaurant still responsible? Or how about the plates they bring out to your table at any given Mexican restaurant? They're quite hot too. Last but not least, reducing the temperatures to 170F won't prevent scalding burns, which is why your hot water tank is set to 120F at the factory.
Oh yeah, as for the coffee, the Wall Street Journal (I believe) did an article on this when it first hit the news. They bought about 20 automatic coffeemakers at a store and something like 90% of them brewed coffee at 190F, the same temperature as McDonald's coffee.
This lawsuit is a microcosm of everything wrong with our legal system.
Yet, it is still McDonald's fault she got burned.
Only in the fairy tale world of the trial lawyer.
Back here on planet earth, she made a conscious decision to do something stupid (put an uncovered hot liquid between her legs) and then decided to get rich when her stupidity resulted in her injury.
You know what? I've done the EXACT same thing before myself and my only thought afterwards was "Man, I'm such a dumbass, I should have known better than to do that in the first place." Never once did "Sue somebody!" enter my mind.
As for FDA regs on food serving temperatures, please explain to me how these relate to the sizzling skillet you get when you order fajitas or a steak at a steakhouse. I'll bet they're both hotter than 190F. Want to bet that bad boy would burn the **** out of you if you put it in your lap? If I do so and burn myself, is the restaurant still responsible? Or how about the plates they bring out to your table at any given Mexican restaurant? They're quite hot too. Last but not least, reducing the temperatures to 170F won't prevent scalding burns, which is why your hot water tank is set to 120F at the factory.
Oh yeah, as for the coffee, the Wall Street Journal (I believe) did an article on this when it first hit the news. They bought about 20 automatic coffeemakers at a store and something like 90% of them brewed coffee at 190F, the same temperature as McDonald's coffee.
This lawsuit is a microcosm of everything wrong with our legal system.
- Feb 4, 2001
- 538
- 0
The temp. is excessive and putting a boiling cup of anything in your crotch area is just stupid. My 11 year old son fatally stabbed our family dog with one of their knives, does that mean they owe me a dog and some pain and suffering monies? Ha ha just joking about the dog. Our system is broke and the people running it are profiting from it!
- Oct 20, 2000
- 2,969
- 2
I engineered a sound job a few weeks ago at huge new house, a little get together for the owner and his neighbors. I've never been in a house as big and fancy as this one. My charge was $600 for my service, the band charged $3500. The buyer was approx 35 years old, had purchased 6 brand new 4-wheelers for the kids to play on in case they didn't want to ride on his ponies. I got a chance to tour the main house before we started, took me 10 minutes to walk from one end, go upstairs and walk back, I never made it to the basement. The guest house was adjacent to the main house which was across from the party house. A pool / hot tub separated the three. It was 250 yards down the cobble stone sidewalk to the boat house and private cove with imported sand on the beach.
After the band finished up we were all invited to make ourselves at home and join the party inside. There were about 70 people in the living room when I walked in, it was about 1/3 full. They had a PA setup in there where you could sing karaoke if you wanted but I thought something to drink sounded better. I was told to make myself at home so I did. I couldn't figure out which refrigerator they kept the drinks in so I looked in both of the side by side double wide fridges. I peaked around the corner to find a second kitchen with yet another refrigerator, I wonder why they need so many. I noticed that each bedroom had a refrigerator as well. One thing I thought peculiar was the mini-shower in the 2nd kitchen. Curiosity got the best of me so I asked what it was for, "the doggie shower" I was told.
When we first arrived at the residence, my partner said "wow, this guy must be a doctor or something", I said no way, he makes way too much money to be a doctor, he must be a lawyer. I like to have fell over when his partner introduced himself and I asked what kind of business do you have and he said "we are attorneys." I couldn't help but think who makes out better, the lawyer or his clients. I suppose they both do pretty good but is the amount of monies awarded reasonable with what is deserved?
After the band finished up we were all invited to make ourselves at home and join the party inside. There were about 70 people in the living room when I walked in, it was about 1/3 full. They had a PA setup in there where you could sing karaoke if you wanted but I thought something to drink sounded better. I was told to make myself at home so I did. I couldn't figure out which refrigerator they kept the drinks in so I looked in both of the side by side double wide fridges. I peaked around the corner to find a second kitchen with yet another refrigerator, I wonder why they need so many. I noticed that each bedroom had a refrigerator as well. One thing I thought peculiar was the mini-shower in the 2nd kitchen. Curiosity got the best of me so I asked what it was for, "the doggie shower" I was told.
When we first arrived at the residence, my partner said "wow, this guy must be a doctor or something", I said no way, he makes way too much money to be a doctor, he must be a lawyer. I like to have fell over when his partner introduced himself and I asked what kind of business do you have and he said "we are attorneys." I couldn't help but think who makes out better, the lawyer or his clients. I suppose they both do pretty good but is the amount of monies awarded reasonable with what is deserved?
