Medical Malpractice

It's a common occurrence... submit to some medical procedure... and then suffer some adverse consequence as a result.

What SHOULD you do?

What CAN you do?

CNN today carried an interesting article about a patient who suffered an adverse consequence from a medical procedure.

Many assume a lawsuit would be the obvious path.

But medical malpractice lawyers consulted by CNN said that the costs to bring a suit (to say nothing about appeals, etc.) could far exceed any potential court judgment. In other words, the system is too costly, slow and cumbersome for all except for the most grievous and obvious medical malpractice errors (the big dollar "moon shot" type case with a corresponding big pay day for the lawyer).

Christine (ironically a physician herself) visited a malpractice attorney recommended by a friend. But he wouldn't take the case. A different lawyer contact by CNN said he wouldn't have either, partly because he wouldn't make much money off it.

"What are her losses -- maybe $50,000? I can't afford to take a case that recovers $50,000," says Wayne Grant, an Atlanta malpractice attorney. "My expenses would likely be more than the recovery. She's out of luck."

Plus, he said, it would be a very difficult case to win, because it would be tough to show the injury was the result of the doctor's negligence.

"Just because you have a bad outcome doesn't mean you can sue," he says.

A physician consulted by CNN said that maybe the doctor and hospital would settle with the patient voluntarily. But what would cause them do that?

Isn't there something a bit wrong with a legal system like this?

P.S. In a separate development, the St. Petersburg Times carried an article today about a dispute between an attorney and one of the two USF students accused of making terrorist bombs in August.

According to the Times, the attorney, John Fitzgibbons, said that the Eqyptian Embassy agreed to pay him a $500,000 trial fee, plus $200,000 for expenses. He received a $50,000 advance on expenses.

With prices like this, how much justice can YOU afford?