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'They Can Sue, But They Can't Hide'

An anonymous reader writes "The New York Times (free reg's yada, yada) has this article about Texas doctors running an online blacklist of patients who have sued. The searchable database is at doctorsknow.us. Nice to know that you can get blacklisted for suing the doctor that caused massive brain damage to your kid (and winning)." To add a plaintiff to the database, membership was not always required.

18 of 1,212 comments (clear)

  1. Difficult? by The+I+Shing · · Score: 4, Interesting

    Reminds me of the Seinfeld episode called "The Package," when Elaine keeps getting the shaft at the doctor's office after being labeled as "difficult."

    Imagine how you'll be treated when your chart has you labeled as "malpractice lawsuit plaintiff." The doctor won't even come into the room.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:Difficult? by Billly+Gates · · Score: 5, Interesting

      In all seriousness lawyers have lots of problems with renting and buying property.

      Owners are afraid of being sued.

      3 out of my 4 last apartments I lived at had a clause I had to sign making sure I am not a lawyer and that I would not sue them, etc.

      This is a big problem in larger cities like New York, LA, and San Fransisco where there are more potential tenents then apartments or homes available. These are where the tenants and owners can weed lawyers out.

      If you owned a place would you rent to a lawyer? I surely would not.

    2. Re:Difficult? by LauraScudder · · Score: 4, Interesting

      It's a better idea than letting all the doctors move out of Texas because their malpractice has gone through the roof and no one's willing to pass a law limiting awards to actual damages. My sister's in med school now in Texas, and everyone in her class has been told not to practice in South Texas, where there's so many malpractice claims filed that it's unprofitable to run a practice there, whether you're the one getting sued or not.

    3. Re:Difficult? by Alan+Hicks · · Score: 5, Interesting
      I'll take a vet over an MD any day

      Funny? Hell I'll take a vet over an MD most any time too. As it is, I doctor myself up with veternary supplies. They're simply cheaper. I can legally buy my own general purpose antibiotics and knock out most anything. Wounds I coat down with Blu-Kote wound treatment (typically used for cows and horses of which I have a few). Mammals are mammals for the most part, and if you're not doing surgery, it ain't that big a difference.

      Of course I cannot reccomend anyone else do this, but it has worked for me all my years. I am not a doctor nor a veterination, just an old farm hand with a bit of knowledge about critters, of which humans are one.

      --
      Slackware, what else when it must be secure, stable, and easy?
    4. Re:Difficult? by Smitedogg · · Score: 5, Interesting

      It's good to see that as a doctor you're will to help anyone who needs help....however I have a true first-hand story coming up.

      There is a lawyer in a town in Colorado (Canon City) named Anna Owen. She's not a very good lawyer, btw. She is, however, the primary guardian of my roommates neice. About 5 or 6 months ago she had two anuerisms [sp?], and was rushed to the hospital in Pueblo CO

      The second she got in, she started telling everyone how she was a lawyer, and making demands, refusing to sign forms, etc. Frankly, how she was able to be a bitch with two anuerisms is beyond me.

      The doctors, not being idiots, or as nice as you perhaps, refused to take care of her, and I can see why. Imagine the lawsuits from her being permanantly brain damaged. They thusly sent her to Denver for treatment, and she was treated quite well. Now here's the kick in the balls.

      She, after recovering, is able to work, and does. However, she is now suing the hospital in Denver for causing her undue harm, or some such thing. I wish I had the specifics of the suit at hand. The way I look at it, she had two veins in her head blow up and she's still able to do EVERYTHING she did before, that to me is a miracle in itself, and a testament to the treatment the doctors gave her.

      It's good to treat everyone equally, but it turns out the two self-protective doctors here in Pueblo are the winners in this case. But you seem nice, so I hope YMMV.

    5. Re:Difficult? by gaijin99 · · Score: 4, Interesting
      It's a better idea than letting all the doctors move out of Texas because their malpractice has gone through the roof and no one's willing to pass a law limiting awards to actual damages.
      I find it fascinating that there is an entire side to this equation that is never discussed: the insurance companies. Don't misunderstand me, I'm sure that there are some frivilous lawsuits out there. However, I find it quite difficult to believe that the judges and juries are stupid enough to award someone millions for no reason. Simply put a great number of the malpractice suits must be valid. We do have a court system you know, every doctor who lost a malpractice case was found gulty by 12 rational people.

      I personally can't help but wonder how much of the soaring cost of malpractice insurance is due to simple profiteering on the part of the insuring companies. Historically laws putting caps on malpractice claims have *not* reduced the cost of malpractice insurance. California, for example, passed an award cap in 1976, over the next 12 years malpractice insurance rates increased by 190%. Hardly the result promised, no?

      More significantly other evidence indicates that the insurance companies are simply indulging in price gouging. During the period from 1995-1999 medical malpractic insurance rates increased by around 1.2% During that same period overall health care costs increased by around 13.6 percent. The doctors aren't taking home that extra 13.6 percent, ask any doctors you know. The doctors are getting screwed by the insurance industry as much as their patients are. The HMO's and other insurance companies are getting filthy rich off this scam.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
  2. Still better than Poland. by Vo0k · · Score: 4, Interesting

    The expert whose decision in a lawsuit is most important is a doctor.
    For several thousands of lawsuits, less than 10 were won by the patienst.
    People with sponges, scissors, pieces of bandaid left in their bodies during a surgery lost. People whose relatives died because the doctor administered a drug that works opposite to what was obviously required, lost. Doctors found drunk on duty were claimed innocent.
    Be happy that you can win at all.

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  3. Re:Then don't file frivolous malpractice lawsuits. by DAldredge · · Score: 5, Interesting

    The Doctors records of misconduct and related board actions are private. Doctors want this info on others, but they do not want others to have the same level of detail on them.

  4. even better.... by ecalkin · · Score: 5, Interesting

    i have heard of cases where ob/gyns would not accept patients that were lawyers that has pursued malpractice actions. while it was interesting to hear women lawyers bitch about having to leave their county to find a doctor, it was *more* interesting to find out how many people felt no sorrow for them.

    eric

    1. Re:even better.... by Lucidwray · · Score: 5, Interesting

      My girlfriend works for an OB/Gyn doctor and i have personally talked to the doctors about this type of subject before. I am totaly and completely on the side of the doctors on this one.

      99% of these lawsuits that people file against doctors that supposedly caused 'brain damage' to children when they were born are completly bogus. The fact that you child was born with down syndrome has just about as much to do with the doctor that delivered him\her as the sex of that child does.

      The total crap part is that you can sue ANYTIME after birth and claim that the doctor that delivered you caused any problems that you have now. I personally talked to a doctor that is being sued by some parents because their child didnt get into the college they were planning on, so they sued the doctor for causing long lasting brain damage 18 years after the birth. The really sad part is the doctor lost the lawsuit and is now repsonsible for paying millions of dollars of damages to the family. And let me say, this is a totaly normal kid who simply didnt get high enough grades on his entrance exams to a college, not some highly deformed retarded human being.

      Its really sad when doctors are sued so often and so frequently that they have been driven to do this type of blacklisting.

      Insurance costs and lawsuits have gotten totaly out of hand in this country. it has driven medical costs through the roof and something has to give.

      If youll remember, a couple years ago somewhere on the east coast, a extremly large group of doctors in virginia I believe went on strike because of sky high malpratice insurance costs. things get much worse and you will see many more strikes like that.

      --
      My sig can beat up your sig.
    2. Re:even better.... by fupeg · · Score: 5, Interesting
      99% of these lawsuits that people file against doctors that supposedly caused 'brain damage' to children when they were born are completly bogus.
      I don't know what's worse here, the 99% or the "completely bogus." What a ridiculous generalization, clearly showing your complete lack of knowledge on the subject.
      The really sad part is the doctor lost the lawsuit and is now repsonsible for paying millions of dollars of damages to the family.
      Yeah it's so easy to win lawsuits, but Injured malpractice plaintiffs win before juries in only 23% of cases, and only 1.1% of medical malpractice plaintiffs who prevail at trial are awarded punitive damages.
      Insurance costs and lawsuits have gotten totaly out of hand in this country. it has driven medical costs through the roof and something has to give.
      This is what rich doctors would have you believe, when actually it's their anti-compettive practices that have driven prices up. They keep the number of doctors artificially low, so as to keep demand high. They also use licensure to force people to purchase mundane services from them instead of having the choice of cheaper alternatives. For example, you have to pay a dentist to clean your teeth, even if they don't do the cleaning themselves, their nurse does it. You talk about OBs, well if you've ever had a baby you would know that the doctor is usually only present for a couple of minutes, the nurses do everything. Guess who gets the bulk of the pay though...
  5. Re:On the other hand... by loyalsonofrutgers · · Score: 4, Interesting

    Insurance rates do not skyrocket from lawsuits. There has not been a significant rise in number of suits or in total rewards.

    Why then, do premiums rise so dramatically? The answer is simply because insurance companies are required to keep a certain percentage of their total coverages as a reserve. Certain amounts of this has to be in cash, but a good percentage can be in a stock or other market portfolio. That's right: a lot of this legally mandated reserve is in stocks. Guess what happens when the stock market crashes? That reserve evaporates. Can anyone remember anything like that happening recently?

    So what happens when 80% of your reserve disappears? You have to get the money somehow, it's required. Legally. So what else can you put into the reserve, if not your now worthless stock portfolio? Cash. How do you get cash? Premiums. Premiums went up beceause insurance companies stock portfolios plumetted and they needed the cash to fill their reserve.

  6. I love it. by ahoehn · · Score: 4, Interesting

    I love Slashdot.

    Damn Government, trying to censor information that wants to be free.

    Damn doctors, thinking up new ways to share information.

    --
    Mod my comments down. It'll be fun.
  7. Re:Beat them at their own game by Davak · · Score: 4, Interesting

    When I was practicing in the deep south, the malpractice problem seemed a lot worse.

    Poorly educated patients would sue and sue... and eventually they would find some poorly educated jury to give them a lot of money.

    Poorer people also pull the "sue card" in order to pressure the physician into signing the disability paperwork. Then the money just comes from everybody instead of the doctor's insurance company.

    Davak

  8. I have a friend that.... by bombadillo · · Score: 5, Interesting

    Lets look at some statistics... www.medical-malpractice-lawyers-attorneys.com The two statistics that caught my eye were:
    1. From 1996 through 1999, Florida hospitals reported 19,885 incidents but only 3,177 medical malpractice claims. In other words, for every 6 medical errors only 1 claim is filed.
    2. Malpractice insurance costs amount to only 3.2 percent of the average physician's revenues according to the Medicare Payment Advisory Commission (MedPAC)
    or this link: Citizen.org:
    "10.6 percent of the state's doctors have paid two or more malpractice awards to patientsThese repeat offender doctors are responsible for 84 percent of all payments. Even more surprising, only 4.7 percent of Pennsylvania 's doctors (1,838), each of whom has paid three or more malpractice claims, are responsible for 51.4 percent of all payments. "

    Frivolis lawsuits really aren't that much of a problem. I am much more concerned about the increasing privitazation and high price of Prescription drugs in this country.

  9. I don't blame them by BiggerIsBetter · · Score: 5, Interesting

    I've lived with lawyers, and they were the most pedanticaly anal assholes I've ever had the mispleasure of sharing a house with. Sure enough, when the flats dissolved, they were writing letters and making demands and generally pissing everyone outside of their clique off (obviously I was one of those on the receiving end). They don't seem to understand that notion of "give and take" that lets people get along smoothly. I can only imagine what landlords have to go through when things get difficult. Give me a flat with laid-back pot-smoking geeks anyday. /generalizing, but that's my experience anyway...

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  10. well by Agrippa · · Score: 5, Interesting

    My father is a well respected doctor in my hometown. He's on the board of the Foundation For Othrodonic Research, which is the premier organization for advances in orthodontics.

    My father pays more in medical malpractice insurance than I made last year. He gets sued regularily by people who don't understand basic principals of taking care of their braces. For instance, one of his younger patients decided chowing down on ice cubes was a prudent thing to do. He promptly ripped off one of his braces, which then cut into his lip. His mother sued my father for malpractice.

    Another case my father faced was when a teen didn't want his braces and manually removed them from his teeth. The smart lad stripped off most of the enamel on his teeth as well. My father was sued because the teen lied to his parents and only later in court was it proved my father wasn't at fault.

    It's bogus cases like that drive up malpractice costs. These doctors aren't being greedy. They are trying to save their practices. It's almost no different than blacklisting spammers.

    .agrippa.

  11. Lawyers by Lershac · · Score: 5, Interesting

    I have several lawyers for clients. The personal injury ones are all just freaking scumbags. Their main complaint that I hear over and over is that the people who get hurt and they sue on behalf of do not go to the doctor often enough, or as often as the lawyer tells them to.

    Does that just not make you want to scream? I go to the doctor when I hurt or when I have a difficulty that warrants it. If I dont WANT to go to the doctor, my complaint is probably not bad enough to warrant chasing down some insurance company over.

    In addition, its just all about the deep pockets. Personal Injury attorneys I have come in contact with regularly screen and only take cases where the defendant has a large insurance policy they can rape.

    --
    Chuck