Articles Tagged with legal

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Summary: Just because a doctor’s action or inaction fell below the standard of care does not mean that he or she was negligent.

I watched the first episode of “Monday Mornings,” a television series that was on TNT created by David E. Kelley.  Mr. Kelley has created or been involved in various series including: (1) Ally McBeal; (2) Boston Legal; (3) Boston Public; (4) Chicago Hope; (5) Doogie Howser, M.D.; (6) LA Law; and (7) Picket Fences. This show involved five surgeons in a hospital and explored their professional and personal lives.

The reason I am writing a post on this episode is based on a scene involving peer review of one doctor’s case.  The most common educational setting for this review and discussion is known as Morbidity and Mortality (“M&M”).  This is where physicians discuss other doctors’ behavior or analyze an adverse event.  The information gleaned during M&M is not discoverable in most states.  The reason is to have open communication and enable doctors to learn from their mistakes and try to prevent future ones.  Doctors are going to be less forthcoming with regard to errors they have made if what they say can be used in a medical malpractice case.

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Summary: It is not “do unto others before they do it to you” but rather “do unto others as you would have them do unto you.”  In other words, treat people as you would like to be treated.

I attended an ex parte hearing last Thursday at which time I was given the San Diego County Bar Association’s (SDCBA) Attorney Code of Conduct and the United States Constitution.  Now, I do not believe I was singled out since: (1) I do not think that I have a reputation as a reprobate; and (2) opposing counsel was also given one [I don’t think she falls into the reprobate category either].

I called the SDBCA to inquire whether all of the judges were handing out these booklets.  I was informed that the SDCBA handed these out to their members (I’ve never received one until now).  Somehow, some of the booklets got into the hands of a judge and she was sharing the information (I’m thinking, with good reason).

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Discretion: The only thing the following three articles have in common is that I read all of them on the same day.  The first two you will probably find sickening and the third should hopefully make you feel better.

Article 1: Lawyer for Newtown Shooting Survivor Seeks to File $100 Million Lawsuit, Published By Mary Ellen Godin, Reuters

Irv Pinsky, a New Haven-based attorney, has filed a claim with the Connecticut Claims Commission requesting permissionto file a lawsuit on behalf of an unidentified client, referred to as Jill Doe. (It appears that Connecticut, along with California and probably every other state, requires that a claim be filed to request permission to file a lawsuit against the government).

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Written by:  Patricia I. James**

Summary: The MICRA cap referred to in Post #7 is again being challenged in a case filed in the California Court of Appeal. However, I don’t think it has the power to determine its constitutionality. That falls in the realm of the California Supreme Court.

Post #7, entitled “Here’s Why the California Cap on Non-economic Damages is Archaic,” set forth the caps in all of the states. This issue is being revisited due to the filing of an appeal by the family of a man who died after surgery in 2008. The appeal challenges the constitutionality of MICRA, the Medical Injury Compensation Reform Act, enacted in 1975.